United Nations CEDAW/C/NPL/4-5
Convention on the Elimination Distr.: General of All Forms of Discrimination 14 January 2010 against Women Original: English
ADVANCE UNEDITED VERSION
Committee on the Elimination of Discrimination against Women
Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women
Combined fourth and fifth periodic report of States parties
Nepal*
* The present report is being issued without formal editing.
CEDAW/C/NPL/4-5
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW)
FOURTH AND FIFTH PERIODIC REPORTS
Government of Nepal
Ministry of Women, Children and Social Welfare
July, 2009
2
ACKNOWLEDGEMENT
It is my great pleasure to submit this Fourth and Fifth Combined Periodic Report under Article 18 of the Convention on the Elimination of All forms of Discrimination Against
Women (CEDAW) on behalf of the Government of Nepal. Nepal has submitted its Initial
Report in 1997 and Second and Third Combined Report in 2003. This Fourth and Fifth
Combined Periodic Report covers the period up to 2008. During this period Nepal has made significant progress in the sphere of protection to, promotion and fulfillment of the rights emanated from the CEDAW. Nepal has ratified Optional Protocol to the CEDAW. It has incorporated many significant provisions in the Interim Constitution of Nepal, 2007 and enacted many valuable legislations such as the Domestic Violence (Crime and Punishment)
Act, the Human Trafficking and Transportation (Control) Act, National Women Commission
Act, the Citizenship Act, An Act to Amend some Nepalese Acts to Maintain Gender
Equalities, An Act to Amend some Nepalese Acts relating to the Court Management and
Administration of Justice and 11th Amendment of the Country Code. Accordingly many rules are framed and plans, action plans and programmes are being implemented.
In terms of realization of these rights women's participation in the Constituent
Assembly which also acts as Legislative Parliament is about 33%. Out of 45% reserved seats, 20% seats are allocated for women only in government services. Women's literacy has been increased significantly and school-drop-out rate of girls has declined. Sharp decline of
Maternal Mortality Rate is worth to mention. Abortion and delivery facilities have been expanded through out the country. Social security for women in general and widows in particular have been increased and expanded. Gender budgeting system is introduced.
3 CEDAW/C/NPL/4-5
I hope this report will reveal Nepal's efforts, despite the difficulties and factors affecting the degree of fulfillment of obligations such as resource constraints, illiteracy, patriarchal perception and values and decade long conflict, in the implementation of CEDAW and progress made during this period in de jure and de facto spheres.
Finally, I would like to thank all the persons involved in the preparation of this report.
(Bindra Hada Bhattarai)
Secretary
Ministry of Women, Children and Social Welfare
4
EXECUTIVE SUMMARY
1. An introductory background of Nepal was provided in May 1997 in its initial report to
the Committee of the Convention on the Elimination of All forms of Discrimination
Against Women (hereinafter referred to as CEDAW). During the period between the
previous report and the current one, Nepal has undergone a great political
transformation. Monarchy has been abolished and the country has become a republic.
The peace process that began with the signing of a Comprehensive Peace Accord
between the Government and the Communist Party of Nepal (Maoist) in November
2006 has been making a steady progress. Elections to the Constituent Assembly along
multi-party lines were held in April 2008 in which a combination of both the first-past-
the-post and the proportional representation systems was adopted. The Constituent
Assembly which also works as the Legislature-Parliament thus constituted has been
hailed as one of the most representative institutions of its kind around the world. Almost
a third of the 601 members of the Constituent Assembly are women. A new democratic
constitution is under preparation by the Constituent Assembly, and the restructuring of
the State in line with the federalism is high on the agenda. This is indeed a great
positive development, and this carries in itself the prospects of even greater changes in
the socio-economic and political life of the country in the days ahead.
2. Social inclusion is a must for the socio-economic transformation of Nepal. The special
provision of 33 percent women participation in all state mechanisms and the
restructuring of the state with emphasis on inclusiveness are momentous developments.
The Proclamation made by the then House of Representatives in 2006 (Annex I) along
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with the provision of the Interim Constitution of Nepal (Annex II) give explicit
recognition and importance to gender equality. A number of affirmative provisions in
favour of women have been made in the Interim Constitution with a view to ensuring
right to equality for all. The constitutional framework aims to enhance social harmony
through equality, equity, inclusiveness and proportionate representation.
3. The National Plan of Action (NPA) for CEDAW is being practically implemented in
Nepal. Almost 33 percent of the Constituent Assembly members are women. This is a
clear indication of the realization of women's role and contributions to the constitution
making process as well as the creation of an inclusive political environment in the
country. Incorporating gender-friendly provisions in the new constitution, ensuring
women’s increased participation at different levels of governance, formation of
women's caucuses and groups so as to protect and promote women’s rights and interests
in the society are some of the core issues high on the national agenda at the moment.
The Nepalese civil society has played a supportive role to bring about this positive
change.
4. The NPA covering various sectors such as education, health, women empowerment,
anti- human trafficking, child protection and development, persons with disability and
senior citizens are being formulated with wider consultation and participation of the
stakeholders. Moreover, the National Human Rights Commission (NHRC), the National
Dalit Commission (NDC), and the National Foundation for the Development of
Indigenous Nationalities (NFDIN) are all striving for the protection and promotion of
the rights of marginalized citizens. Furthermore, the National Women’s Commission
6
(NWC) is committed for the protection and promotion of human rights of women in
Nepal.
5. The Government of Nepal (GoN) submitted its initial report in May 1997 and an
Addendum to that in May 1999. Thereafter, in compliance with the concluding
comments1, GoN also submitted a combined Second and Third Periodic Report in April
2003 (CEDAW/C/NPL/2-3) which was considered by the Committee during its 630th
and 631st meetings, on 13 January 2004.2
6. This report has been prepared by following the guidelines as provided by CEDAW
Committee. Major steps in the process include:
Formation of CEDAW Reporting Coordination Committee (CRCC) under the
chairpersonship of the Secretary of the Ministry of Women, Children and Social
Welfare;
Formulation of the Plan of Action;
Collection of information from different agencies and institutions, including
interview with departmental heads and focal persons of various organizations;
Review and analysis of the collected information and data;
Development and dissemination of draft report and collection of feedbacks from
the four regional consultation meetings;
Dissemination of updated draft for national consultation;
Finalization of the report by the CRCC;
1 Please see CEDAW/C/SR 434 and 439. 2 Please see CEDAW/C/SR.630 and 631.
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Inputs/comments/suggestions sought from the Ministry of Law, Justice and
Constituent Assembly Affairs, the Ministry of Foreign Affairs, the NHRC and the
NWC; and
Final approval from the Council of Ministers (Cabinet), GoN.
7. This report covers the period from 2001 to 2008 and comprises four parts. Part I
attempts to address the ‘principal areas of concern and recommendations’ provided by
the Committee after observing the combined Second and Third periodic report. Part II
provides the details of new developments on the substantive rights under CEDAW,
including General Recommendations of the Committee followed by the basic
information, change initiatives and challenges ahead. Part III includes the progress
made on 12 critical areas identified by Beijing Platform for Action (BPFA). Finally,
Part IV touches upon some of the emerging issues.
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ABBREVIATIONS AND ACRONYMS
ABC Nepal Agro-forestry, Basic Health and Cooperation in Nepal
ACAP Annapurna Conservation Area Project
ADB Asian Development Bank
BBC Beyond Beijing Committee
BCC Behavior Change Communication
BPFA Beijing Platform for Action
CA Constituent Assembly
CAC Comprehensive Abortion Care
CBOs Community Based Organizations
CBS Central Bureau of Statistics
CDO Chief District Officer
CEDAW Convention on the Elimination of All Forms of Discrimination
Against Women
CPA Comprehensive Peace Accord
CRC Convention on the Rights of Child
CRCC CEDAW Reporting Coordination Committee
CWIN Child Workers in Nepal Concern Center
DACAW Decentralized Action for Children and Women
DAO District Administration Office
DDC District Development Committee
DeO District Education Officer
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DFID Department for International Development
DHS Demographic Health Survey
DLGSP Decentralized Local Governance Support Program
DoE Department of Education
DWD Department of Women Development
ECD Early Childhood Development
EFA Education for All
FCHV Female Community Health Volunteers
FP/MCH Family Planning and Maternal Child Health
FPTP First Past the Post
FWLD Forum for Women, Law and Development
GBA Gender Budget Auditing
GDI Gender Development Index
GEI Gender Empowerment Index
GER Gross Enrollment Rate
GNI Gross National Income
GoN The Government of Nepal
Gos The Government Organizations
GPI Gender Parity Index
GR General Recommendation
GRB Gender Responsive Budget
GRBC Gender Responsive Budget Committee
HIV/AIDS Human Immune Deficiency Virus/Acquired Immune Deficiency
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Syndrome
HRW Human Rights Watch
IDP Internally Displaced Persons
IEC Information, Education and Communication)
ILO International Labor Organization
INGO International Non-Governmental Organization
IOM International Organization for Migration
JIT Beyond Trafficking: A Joint Initiative in the Millennium against
Trafficking in Girls and Women
KSL Kathmandu School of Law
LACC Legal Aid and Consultancy Center
LDO Local Development Officer
LDTA Local Development Training Academy
LSGA Local Self-Governance Act
MCHW Maternal Child Health Worker
MDG Millennium Development Goal
MoES Ministry of Education and Sports
MoEST Ministry of Environment, Science and Technology
Mof Ministry of Finance
MoFA Ministry of Foreign Affairs
MoFSC Ministry of Forest and Soil Conservation
MoHA Ministry of Home Affairs
MoHP Ministry of Health and Population
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MoIC Ministry of Information and Communication
MoLD Ministry of Local Development
MoLJCAA Ministry of Law, Justice and Constituent Assembly Affairs
MoLJPA Ministry of Law, Justice and Parliamentary Affairs
MoLTM Ministry of Labour and Transport Management
MoPR Ministry of Peace and Reconstruction
MoWCSW Ministry of Women, Children and Social Welfare
NCC National CEDAW Committee
NCIHL National Committee on International Humanitarian Law
NDC National Development Council
NDHS National Demographic Health Survey
NFDIN Foundation for Development of Indigenous Nationality
NFE Non-Formal Education
NFHS Nepal Family Health Survey
NGO Non-Governmental Organization
NHRC National Human Rights Commission
NHSP National Health Sector Reforms Strategy
NJA National Judicial Academy
NMPDR National Maternal and Prenatal Death Review Committee
NNAGT National Network Against Girls Trafficking
NPA National Plan of Action
NPC National Planning Commission
NRT National Rapporteur on Trafficking against Women and Children
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NWC National Women Commission
ONRT Office of the National Rapporteur on Trafficking
OP Optional Protocol
PAF Poverty Alleviation Fund
PARHI Population and Reproductive Health Integrated
PCRW Production Credit for Rural Women
PDDP/LGP Participatory District Development Program and Local
Governance Program
PR Proportional Representation
RDBs Rural Development Banks
RH Reproductive Health
SAARC South Asian Association for Regional Cooperation
SC The Supreme Court of Nepal
SGBVP Sexual and Gender Based Violence Program
SMC School Management Committee
SMNF Safe Motherhood Network Federation-Nepal
SMNHLTP Safe Motherhood and Neonatal Health Long Term Plan
SSR School Sector Reform
UNDP United Nation Development Program
UNESCO United Nation Education, Social and Cultural Organization
UNFPA United Nation Population Fund
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UNHCR United Nation High Commissioner for Refugee
UNICEF United Nation Children's Fund
UNIFEM United Nation Development Fund for Women
UNSC United Nation Security Council
UPA Uterine Prolapse Alliance
USAID United States Agency for International Development
VAW Violence Against Women
VDC Village Development Committee
VDCGP Village Development Committee Grant Program
VDP Village Development Program
WATCH Women Acting Together for Change
WDD Women Development Division
WDO Women Development Officer
WDP Women Development Program
WHR Widows' Human Rights
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CONTENT
Acknowledgement I
Executive Summary II
Abbreviations and Acronyms IV
Part - I: Developments in the areas of Concern and Recommendations
of the Committee 1
Elimination of the Discriminatory Laws 1
Strengthening the Existing National Machinery 1
Impact of Armed Conflict and Women’s Participation in the Peace Process 4
Education 6
Discriminatory Cultural Practices 7
Trafficking in Women and Girls 8
Access to health 8
Women’s Participation in Decision-making 9
Access to land 9
Refugee women 10
Regarding Statistics 10
Ratification of Optional Protocol of CEDAW 11
Implementation of other UN Declaration and Conferences 11
Part - II: New Developments 12
Articles 1 and 2: Review and Amendment in Discriminatory laws 12
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Articles 3 and 4: Measures to Accelerate Equality between Women and Men 14
Article 5: Traditional Cultural Practices 16
Article 6: Trafficking in Women 18
Articles 7 and 8: Political, Public and International Participation 23
Article 9: Nationality (Citizenship) 27
Article 10: Education 27
Article 11: Employment 31
Article 12: Health 35
Article 13: Economic and Social Life of the Community 41
Article 14: Women in Rural Areas 44
Article 15: Legal Rights 46
Article 16: Marriage and Family Relations 47
Part - III: Progress on the Implementation the Beijing Platform for Action 50
Women and Poverty 50
Education and Training of Women 51
Women and Health 52
Violence against Women 53
Judicial Directive Orders 54
Women and Armed Conflict 55
Women and Economy 56
Women in Power and Decision-making 57
Institution Mechanism and Advancement of Women 57
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Women and Human Rights 59
Women in Media 60
Women and Environment 61
Girl Child 63
Part - IV: Emerging Issues 65
Single Women 65
Elderly and Disabled Women 65
Migrant Women Workers 66
Detainee and Prisoner Women 67
Exploitation of Girls Working in Dance Cabin Restaurants 67
BIBLIOGRAPHY 69
ANNEX – I I-III
ANNEX – II I-XVII
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PART - I
Developments in the areas of Concern and Recommendations of the Committee
Elimination of Discriminatory Laws
(Paragraphs 196-199 of the Concluding Comment)
1. A large number of discriminatory laws prevalent in the country have been amended
during this reporting period. Based on the report submitted by a high-level commission
formed for reviewing all existing discriminatory laws against women, (mentioned in the
previous report (CEDAW/C/NPL/2-3), numerous legal provisions in the Muluki Ain
(Country Code), and other laws have been amended or repealed. An ‘Act to Amend
Some Nepalese Acts to Maintain Gender Equality’ has been enacted in 2006. The
women’s equal right to ancestral property is now fully guaranteed by the Interim
Constitution as well as by the Country Code. In addition to equal right to property, a
number of other significant amendments have been made in various substantive and
procedural laws.
2. The discriminatory condition, under Article 9 of the then Constitution of 1990 regarding
the ‘citizenship provision’, which precluded women from passing their citizenship on to
their children, has now been repealed by the Interim Constitution of 2007 and
accordingly a new "Citizenship Act" has been enacted in the spirit of the Interim
Constitution and in conformity with Article 9 of the CEDAW.
3. Article 20 of the new Interim Constitution guarantees the ‘Rights of Women’ as a
fundamental right. In full consonance with the spirit of the CEDAW, the Interim
Constitution clearly states that "no woman shall be discriminated against in any way on
1 CEDAW/C/NPL/4-5
the basis of gender". The Interim Constitution not only guarantees the protection of
women from physical and mental violence but also ensures their reproductive health
and reproductive rights. The Supreme Court of Nepal (SC) in many cases expressed its
views that the issues of gender discrimination should be seriously dealt with by the state
mechanisms. Some of the views of the SC are referred in Part II of this report.
Strengthening the Existing National Machinery
(Paragraphs 200-201 of the concluding Comment)
4. In Nepal two central agencies play decisive roles in the planning and budgeting process:
National Planning Commission (NPC), and Ministry of Finance (MoF). The NPC is
entrusted to coordinate, prepare, decide and monitor the planning processes of all the
line ministries; and MoF decides the allocation of resources. Therefore, any proposal
for strengthening government agencies for an effective implementation of their
programs and policies depend on the planning and budgeting decisions of the NPC and
the MoF.
5. During this reporting period, the NPC adopted the Tenth Plan (2001-2007). This Plan
aimed at strengthening national machineries in the area of gender auditing and gender
budgeting. For the first time, Gender Focal Persons (GFPs)3 were nominated in all line
ministries to prioritize gender issues.
3 Initially GFPs were called gender focal points.
2
6. Following Jan Andolan II,4 GoN formulated the Three Year Interim Plan’ (TYIP)
(2007/08-2009/10) with the broad objective of building a Prosperous, Modern and Just
Nepal. TYIP has incorporated special programs for the women and the disadvantaged
groups including persons with disability, Dalits, Adibasis Janajatis, Madhesis, Muslim
community, and disadvantaged geographical regions. Major focus is given to the most
remote areas including the Karnali region (in mid-western part of the country), which,
so far, have been left behind in the regional development process and getting
increasingly marginalized as a result. Under the heading of ‘Gender Mainstreaming and
Inclusion’, the TYIP includes programs relating to “Empowerment of Women and
Gender Equality”. Some of the important activities being carried out under this program
are: policy and legal reform; better coordination of regional entities and NGOs engaged
in gender related fields; leadership development; participation of women in conflict
resolution and the peace process, preparation of a national action plan for the social
rehabilitation of women affected by the conflict and its implementation; psycho-social
counseling service for transformation of emotional disturbances; legal aid; and gender
awareness and advocacy.
7. The Women Development Program (WDP) encourages social mobilization, economic
empowerment and public awareness campaigns through group formation. Under this
program women are united against domestic violence and human trafficking. They are
involved in skill development training, income generation, entrepreneurship
development and business promotion by means of revolving fund operation. Other
important activities are livelihood education to adolescent girls, reproductive health and
child protection. Women cooperatives have become an effective vehicle for uniting
4 The People's Movement of 2006.
3 CEDAW/C/NPL/4-5
women engaged in the informal and unorganized sectors, conducting campaigns against
various traditional malpractices, and promoting security for women members. TYIP has
set the following targets (Table I):
Table: 1
TYIP Target
Situation Interim
S.N Indicators as of FY Plan
2006/07 Target
1. Gender Empowerment Measurement (GEM) 0.351 0.450
2. Gender Development Index (GDI) 0.520 0.556
3. Women receiving delivery assistance from health 23.4 35 workers (%)
4. Contraceptive prevalence rate (%) 48 51
5. Total fertility rate (women aged 15-49 years) 3.1 3.0
6. Maternal mortality rate (per 100,000 live births) 281 250
7. Women's representation in overall state machinery (%) - 33
Source: TYIP (2007/08-2009/10)
8. GoN’s policies and programs for the fiscal year 2008/09 presented before the
Legislative-Parliament includes diverse areas related to gender mainstreaming in the
national machineries. The budget lays stress on the elimination of all forms of
discrimination and inequality against women through an increase in the rate of
economic growth and development, increased access to health to all citizens, free and
4
safe maternity services, free education to all up to the secondary level and special
positive measures for increasing women's access to education, enactment of law to curb
crimes such as physical exploitation, domestic violence, and trafficking against women,
etc.
9. As envisaged in the TYIP, the MoF has adopted a comprehensive policy on ‘Gender
Responsive Budget’ (GRB). In order to give effect to this policy, GoN has formed a
‘Gender Responsive Budget Committee’ (GRBC), comprising relevant representatives
from various agencies under MoF. The GRB has prepared a guideline which covers the
following:
First phase: planning, project selection and program finalization
Second phase: program implementation
Third phase: regularization and evaluation
Fourth phase: impact assessment of the budget (esp. benefits).
10. ‘The GRB Initiative’ has been in implementation since the Tenth Plan (2002-2007). For
the Fiscal Year 2008/09, the total budget allocation is Rs. 236 billion, out of which GoN
has allocated Rs. 32 billion 910 million under the heading ‘Women Empowerment,
Transformation of Living Standard’ which is expected to directly benefit women. In the
current FY, the allocation of gender budget has been scaled up to 13.9 percent. This will
certainly facilitate the implementation of programs to attain gender equality and women
development by ensuring more women's participation in economic, social and political
processes. In addition, the WDPs are gradually being expanded in all VDCs so as to
achieve the objectives of ‘poverty alleviation, gender equality and social inclusion’. An
amount of Rs. 3.45 million has been allocated for WDPs.
5 CEDAW/C/NPL/4-5
11. Ministry of Women, Children and Social Welfare (MoWCSW) works as the Gender
Focal Agency at the central level. The MoWCSW has been playing an important role in
drafting laws and undertaking other activities for the elimination of all forms of
discrimination and violence against women in partnership with more than 40 NGOs,
INGOs and UN agencies. The National CEDAW Committee (NCC) led by the
Secretary of MoWCSW has formulated a National Plan of Action on CEDAW.5 The
NPA outlines various programs for the advancement and empowerment of women
through awareness campaigns, training, publications and dissemination. The MoWCSW
also coordinates other line ministries to incorporate more gender-focused activities in
their programs through their designated gender focal persons. The strategic document
on gender and social inclusion, developed by MoWCSW in 2006, has been one of the
most effective tools for mainstreaming gender and promoting equality at the national-
level organizations. Moreover, the MoWCSW has also developed a mechanism on
Audit/Analysis of the programs and budget relating to gender, which is followed by
various ministries’.6 Most female staffs of different ministries have been given training
on ‘Gender, Reproductive Health and Social Inclusion’ by MoWCSW in collaboration
with UNFPA, which is one of the indicators of building institutional capacity. It is also
important to note that key positions in MoWCSW and DWD are held by senior women
officers. The Secretary of MoWCSW and the Director General of DWD are both
women.
5 Please refer to previous periodic reports. 6 A joint publication of MoWCSW/UNIFEM, 2007.
6
12. The Ministry of Local Development (MoLD) has also been playing an important role in
strengthening gender mainstreaming, inclusion and empowerment programs. The Local
Self-Governance Act (LSGA) provides for carrying out these activities through the
adoption of procedural and financial guidelines. The LSGA provides for the
advancement and empowerment of women and other social groups. By using the
mandate provided by LSGA, the MoLD has adopted a number of ‘operational
guidelines’ in order to implement the National Plan of Action and Gender Budget
Auditing (GBA). MoLD implemented DLGSP previously with a major focus on
integrating gender and social inclusion at the local level. MoLD has now prepared more
integrated programs named Local Governance Community Development Program
(LGCDP). One of the strategic areas of LGCDP is gender equality and social inclusion.
13. At the national level, National Human Rights Commission (NHRC), ‘National
Rapporteur on Trafficking in Women (NRTW), National Women Commission (NWC),
National Dalit Commission (NDC) and National Foundation for Development of
Indigenous Nationalities (NFDIN) have been established for the protection, promotion
and monitoring of human rights and adequate resources have been allocated.
Impact of Armed Conflict and Women’s Participation in the Peace Process
(Paragraph 202-203 of the Concluding Comment)
14. The decade-long internal armed conflict (1996-2006) widely affected the civil, political,
economic, social, and cultural rights of the people. It disrupted development activities,
inflicted immeasurable sufferings to the people including through huge displacement
and led to a heavy damage of development infrastructure and national property.
7 CEDAW/C/NPL/4-5
15. During the conflict, incidences of human rights violation of women and children were
reported. There were also reports about the sexual abuse of women and girls.
16. The decade-long internal armed conflict ended with the signing of the Comprehensive
Peace Accord (CPA) between the Government and CPN Maoists. Clause 7.6 of the
CPA incorporates the rights of women and children whereby ‘both sides fully agree to
provide special protection to the rights of women and children, to immediately prohibit
all types of violence against women and children, including child labour, as well as
sexual exploitation and harassment, and not include or use children who are below
eighteen years. Children so affected shall be rescued immediately and necessary and
appropriate assistance shall be provided for their rehabilitation’.
17. The Interim Constitution has incorporated some redressal mechanism for victims of the
conflict including specific provisions for women (reported below in part III). Also, the
Ministry of Peace and Reconstruction (MoPR) has especially been established for the
overall care, management and rehabilitation of such victims. A separate fund has been
created within MoPR for this purpose. MoWCSW, as an executing agency, and DWD,
as an implementing agency, are running a program named 'Strengthening Decentralized
Support for Vulnerable and Conflict affected Families and Children'. Under this
program, provisions have been made for humanitarian assistance to 4,000 families in 31
VDCs of the five vulnerable and conflict-affected districts, namely, Accham, Banke,
Bardiya, Rolpa and Rukum.
18. GoN has formulated National Policies and Plan of Action allocating budget for the
relief of victims of the armed conflict. It will be distributed through local
8
administration. The Chief District Officers (CDOs) are designated as coordinators to
implement this relief and rehabilitation package. A policy guideline has been developed
to regulate the distribution of relief and rehabilitation packages to the Internally
Displaced Persons (IDPs). The distribution of the packages has already started from 7
October 2007. Moreover, the annual budget of 2008-09 has allocated funds for conflict-
affected families to provide with a lump-sum financial aid amounting one hundred
thousand each. NRs. 1,103,900,000 have been distributed to 11039 deceased persons
families in 73 out of 75 districts as a compensation through the Emergency Peace
Support Project, MoPR. Likewise, a scholarship program has been lunched for the
education of children who lost their parents during the conflict. An amount of Rs. 1.5
billion has been allocated solely for this purpose. MoPR has identified around 25,000
IDPs in different districts of the country so far. It has recently disbursed necessary funds
(Rs.189.5 million in total) to all District Administration Offices (DAO) in the seventy-
five districts.
19. GoN has also formed a ‘National Committee on International Humanitarian Law (IHL
Committee)’ under the Chairpersonship of the Minister for law, Justice and Constituent
Assembly Affairs, which authorizes for the implementation of IHL, including the issues
relating to victims of armed conflict. The IHL Committee has identified enactment of
laws and creation of mechanisms for the implementation of the Geneva Conventions
and other humanitarian law instruments to which Nepal is a party.
20. With regard to IHL Committee’s concerns and recommendations on women’s
participation in the process of conflict resolution and peace building, GoN has adopted
a plan of action and other measures to ensure such participation. During the ‘People’s
Movement II (2006)' an unprecedented level of women participation was witnessed. In
9 CEDAW/C/NPL/4-5
a subsequent development, 57 women (out of total 330), i.e., 17% of the total, were
nominated in the Interim Legislature-Parliament as Members of Parliament. Similarly,
four women out of sixteen members were nominated in the Drafting Committee of the
Interim Constitution 2007. During the CA election, the Election Commission conducted
a number of consultations with political parties and civil society and made rules to
ensure 33% women representation in the CA. The current status of women’s
representation in the CA is 197, out of 601, and this can be taken as a significant
achievement in the political mainstreaming of women and their involvement in the
peace building process. The CA has formed 14 working committees, including a
committee on 'Women, Children and Social welfare'.
21. The UN Security Council Resolutions 1325 and 1820 are being used as guidelines to
carry forward the process. The Ministry of Peace and Reconstruction (MoPR) and
United Nations Development Fund for Women (UNIFEM) are jointly implementing a
project entitled “Capacity Building Initiative for Increased Women’s Participation in
Governance, Peace and Security”. The MoPR has prepared a concept paper to develop
strategic guidelines to ensure effective protection mechanisms for women and girls
against all forms of violence including sexual violence and the meaningful participation
of women in the peace process, including in transitional and post conflict period. UNSC
Resolutions 1325 and 1820 have both been translated into Nepali language and released
on the occasion of Second National Day against Human Trafficking, in September
2008,7 and are being disseminated widely to raise awareness on the impact of conflict
7 Please refer to joint publication of MoWCSW/UNIFEM.
10
on women. This publication includes both information on sexual vulnerability of
women during conflict and women’s role in conflict resolution and peace building
process. Additionally, NWC is conducting various programs to implement these
Resolutions in collaboration and partnership with NGOs and civil society and with the
support of UNIFEM.
Education
(Paragraph 204-205 of the Concluding Comment)
22. The Department of Education (DoE), apart from its endeavor to carry out education
programs throughout the country, is also undertaking to publish updated reports
annually, including gender-disaggregated data. The following figures provide a glimpse
of status of education in social groups:
Table: 2
Share of Enrolment at Primary Level by Social Groups
% of enrolment Social Groups Girls Boys Total in total
Dalit 412,036 43,5497 847,412 19.2
Janajati (ethnic) 896,389 911,772 1,807,931 40.9
Others 851,338 911,681 1,763,370 39.9
Total 2,159,763 2,258,950 4,418,713 100
23. The Flash Report of 2007 provides detailed information about students, schools,
teachers including the monitoring and evaluation system of education since 2004. Its
main propose is to furnish national as well as district level current educational status in
terms of access, efficiency, quality and equity indicators of the Education For All (EFA)
11 CEDAW/C/NPL/4-5
by 2015 (as mentioned in the previous report) and particularly regarding Gross
Enrolment Rate (GER) and Net Enrolment Rate (NER) of pre-primary, primary, lower
secondary and secondary education by gender and ecological region, ratios etc. Some of
the relevant information is as follows:
The Gender Parity Index in the percentage of enrolment at primary level is 0.96 (as
shown in Table II above);
The GER and NER at primary level is 138.5 and 89.1 in the school year 2007-08
respectively;
The overall GER at primary level is 138.5%, accounting 139.6% for girls and 137.6% for
boys has slightly increased for girls and decreased for boys compared to the preceding
year. The Flash Report 1, in the school year 2007-08, has also recorded the average GER
in Grade 1 that is 145.2, accounting for 146.1 in girls and 144.4 in boys.
The share of girls’ enrolment at primary level is 48.9, accounting 48.6% and 49.6% for
Dalit and Janajati respectively. The total number of enrolment at lower secondary level
was 1,443,515. Among them 680,072 (47.1%) were girls.
The total number of children enrolled in Early Childhood Development (ECD) Pre-
Primary Classes (PPC) was 823,106 with 378,437 girls and 444,669 boys, which has
increased by 48.6% in total, as compared to 2006/07.
The ratio of girls to boys attendance rate in secondary education improved from 0.67 to
0.83 between 1996 and 2006.8 The share of girls' enrolment for the year 2007/08 at lower
secondary level has increased almost by 1% as compared to the previous school year.
8 Source: Nepal Demographic and Health Surveys 1996, 2001 and 2006
12
The GPI for ECD/PPC children’s enrolment (in percentage) is 0.91 for Dalit, 0.88 for
Janajati and 0.82 for others. It gives a clear picture of the diminishing gap in the
participation of Janajati and Dalit girls and boys in the ECD/PPC program. Out of total
48,399 students, 22,141 are girls with different types of disabilities.
With regard to the concerns of Committee on the issue of ‘drop outs’, data show a
decreasing trend in the drop-out ratio after GoN introduced the ‘Welcome to School’
program with some additional facilities for the girls. However, Dalit girls’ drop out ratio
in the higher grade levels is yet to decline. To overcome this challenge, GoN has
introduced a concrete educational plan, policy and program including Gender Responsive
Budget prioritizing the marginalized social groups. Details have been reported below in
part II under Article 10 of this report.
Discriminatory Cultural Practices
(Paragraphs 206-209 of the Concluding Comment)
24. During the reporting period a number of changes have been introduced through legal
reforms, judicial orders, enforcements and implementation activities. In addition to the
constitutional guarantees, the Supreme Court (SC) has issued directives to the
Government in the cases relating to old and outdated cultural and traditional practices
subjecting women to inhumane and disgraceful treatment. For instance, the Chhaupadi
system, still in practice in the Far-Western part of the country, treats women as
untouchables during menstrual and delivery periods. The SC has issued a directive to
the government to initiate legal reform for prohibiting such practices. The details of the
case filed in the SC against Chhaupadi and the measures taken in order to implement
the Court’s order are reported below in Part II under Article 5.
13 CEDAW/C/NPL/4-5
25. MoWCSW and MoLD in partnership with I/NGOs are conducting various awareness
raising programs, including trainings for both men and women regarding the
elimination of all forms of discrimination, exploitation and gender-related violence
based on traditional cultural practices. More importantly, Domestic Violence (Control
and Punishment) Act, 2009 has been enacted to put an end to domestic violence, based
on the study conducted by the MoWCSW in 2008 regarding such traditional cultural
malpractices. Social security provision for women in general and widows/single women
in particular has been expanded by the budget FY 2008/09.
Trafficking in Women and Girls
(Paragraphs 210-211 of the Concluding Comment)
26. With regard to the Committee’s concern about legal framework, a new “Human
Trafficking and Transportation (Control) Act, 2007 (hereinafter referred to as 'the
Act') has been enacted replacing the previous Human Trafficking (Control) Act, 1986.
The Act defines ‘Exploitation’ as ‘an act of keeping human being as slave’. It has
broadened the scope of reporting, investigation, prosecution and adjudication along
with procedural and substantive provisions. It has incorporated important provisions to
provide justice with the victims' perspectives. The main characteristics of the Act are:
Broader definition of human trafficking in line with Palermo Protocol;
Criminalization of human trafficking: jail sentence up to 20 years and fine up to
Rs 200,000, and confiscation of property and used vehicles;
14
Shifting the 'burden of proof' to perpetrators;
In-camera hearing;
Children's age redefined as under 18;
Compensation to victims, their minors or dependents;
Provision of translator;
Protection of witnesses;
Protection of victims - first statement is the last statement
Rescue and rehabilitation - state responsibility;
Two-tier anti-trafficking committees: national and district level
Establishment of 'Transit Homes';
Creation of 'rehabilitation fund'; and
Extra-territorial jurisdiction.
Moreover, the Act covers not only cross border trafficking, but also internal trafficking
for sexual exploitation or any other purpose. In addition, the ‘Human Trafficking and
Transportation (Control) Regulation’, 2008 has also been recently adopted in order
to ensure the effective enforcement of provisions made under the Act. The details about
the recent developments in structural and institutional reforms including legal
provisions, judicial initiatives and enforcement mechanisms have been underlined
below in part II of this Report under Article 6.
Access to Health
(Paragraphs 212-213 of the Concluding Comment)
27. With regard to the Committee’s concern on diverse issues of women's health, Nepal has
taken adequate legal and other policies and enforcement measures. The National
15 CEDAW/C/NPL/4-5
Demographic Health Survey (NDHS) provides detailed information regarding the
current scenario of health. For example:
The life expectancies of both male and female are progressively rising. Women’s
life expectancy, at 63.7 years, is higher at of men.
The Maternal Mortality Rate shows a decreasing trend, which is recorded as 281
per 100,000 women.
The fertility rate has decreased from 4.6 (as recorded in 1996) to 3.1 in 2006. The
fertility rate of rural women is 3.3, which is higher than that of urban women
which is 2.1.
Average age at first child has increased to 20 years.
Use of contraceptives by women has increased. In 2006, 70% women used
contraceptives. Among them, 44% women use modern forms of contraceptives.
40% women receive prenatal care, out of which 28% women receive it from
skilled health workers.
28. The Committee’s concerns and recommendations on reproductive health-related issues
and the situation of HIV/AIDS and other related issues have been reported in Part II,
under Article 12 of this Report.
Women’s Participation in Decision-making
(Paragraphs 214-215 of the Concluding Comment)
29. Women’s greater participation in national politics is a major change that has taken place
in Nepal. The Interim Constitution addresses the gender issue in its preamble and
16
guarantees an inclusive and proportionate representation of women in the restructuring
of the state. Article 63 of the Constitution explicitly requires all political parties to
nominate 33 percent of the candidates in the CA through both the First Past the Post
(FPTP) and Proportional Representation (PR) electoral systems. Article 142 (3) (c) of
the Constitution, in order to ensure women’s participation in the decision making bodies
of the respective political parties, requires that any political party, in order to get
recognition as a political party from the Election Commission it has to register in the
Election Commission by fulfilling conditions prescribed in this Article. One of the
conditions is that there should be a provision of inclusion of women in different levels
of Executive Committees. Many political parties, through their party manifestos,
publicized the principles of inclusive and proportional representation of women in state
mechanisms and within the political parties themselves.
30. The said constitutional provision has brought an encouraging result. Out of 601
elected/nominated members of the Constituent Assembly, 197 are women (32.77%).
The detail figures about women’s participation in politics and other public sectors have
been reported below in part II under Article 7 of this report.
Access to Land
(Paragraph 216-217 of the Concluding Comment)
31. Article 20 of the Interim Constitution and the recent amendments in many national laws
are expected to bring about significant changes in women’s economic status by
addressing the issue of gender disparity vis-à-vis ownership of real property.
32. GoN gives a 25 percent discount on land registration fees for women. Details of this are
given below part II, under Article 15 of this report.
17 CEDAW/C/NPL/4-5
33. GoN with the aforementioned special measures aims to combat domestic violence and
enhance women’s economic status. The Government has adopted a holistic approach to
ensure women’s sustainable real property rights via education-related measures
whereby women can fully enjoy their rights as reported under the relevant headings in
Part II of this report.
Refugee Women
(Paragraph 219)
34. Regarding the Committee’s apprehension and recommendation about the situation of
women in the refugee camps, the GoN has taken initiatives for maintaining the records
and formulating necessary measures accordingly. According to the statistics maintained
in Ministry of Home Affairs (MoHA), a total of 103,309 Bhutanese refugees have been
accommodated in seven camps in two districts (Jhapa and Morang) of Nepal. Out of
this, 50,916 are women. Similarly, out of a total of 15,057 household/families, 2,781
families have women as heads of the household. In the camps there are 27,883 students
including 14,169 girls.
35. The status of a refugee woman, in terms of her rights as a refugee, remains the same
even if she enters into marriage with a non-refugee man, whereas any woman, who gets
married to a non-refugee, prior to attainment of the refugee status, is not entitled for the
same right.
36. The legal framework of Nepal does not discriminate on any ground of person’s identity
as a refugee or a non-refugee during investigation, prosecution, adjudication procedures
18
and penal provisions. The cases reported by the refugees including women have been
prosecuted.
37. GoN in collaboration with UNHCR has been providing adequate protection and
treatment to refugee women victimized by gender-based violence. The ‘Sexual and
Gender Based Violence Program’ (SGBV), includes registration of complaints, hearing,
training, and awareness-related programs. Under the SGBV program, each camp has a
clear referral and follow-up mechanism. In order to run this program effectively, a
‘code of conduct’ has been formulated. Furthermore, a mandatory provision has been
prepared for ensuring 50% women’s participation in each ‘Camp Management
Committee’ from among the members of the refugees.9
Regarding Statistics
(Paragraph 220-221 of the Concluding Comment)
38. Central Bureau of Statistics (CBS) undertakes national census and publishes data. The
latest census was published in 2001 incorporating gender-disaggregated data. However,
the updated reports are published in thematic volumes periodically by encompassing
some specific issues related to women. The gender perspective volumes cover diverse
issues including gender-disaggregated data and mainly focus on socio-economic issues
such as households, marital status etc.
9 Based on the Information document of MoHA dated 2065/9/4.
19 CEDAW/C/NPL/4-5
39. The CBS published “Some Statistical Facts on Nepalese Women, 2007” which carries
basic gender-disaggregated statistics on education, health, employment, political and
public participation etc.
40. Some ministries such as the Ministry of Education, and the Ministry of Health and
Population also publish periodic updates with gender-disaggregated data. The figures
have been reported below in part II of this Report.
Ratification of Optional Protocol to CEDAW
(Paragraph 222 of the concluding comment)
41. Nepal has ratified the Optional Protocol to CEDAW (hereinafter referred as the
Protocol) on 15 June 2007. The MoWCSW has translated the Protocol into the Nepali
language for wider dissemination throughout the country. Moreover, MoWCSW has
conducted trainings and awareness programs in collaboration with various NGOs and
UN agencies like UNIFEM in this regard.
Implementation of other UN Declaration and Conferences
(Paragraph 223 of the Concluding comment)
42. As mentioned in the previous reports, Nepal has already initiated actions on
recommendations adopted by UN Conferences, Declarations and Resolutions such as
BPFA including its review meetings, UNSC Resolution 1325 (2000) and 1820 (2008).
The details are given in Part II and III of this report. The issues of the rights of single
20
women, women with disability, migrant woman worker, detainees, prisoner women etc. have been dealt with under the heading ‘emerging issues’ in Part IV of this report.
21 CEDAW/C/NPL/4-5
PART - II
New Developments
Articles 1 and 2: Review and Amendment in Discriminatory Laws
Basic Information
43. The Discriminatory-Laws Reform Committee established under the Ministry of Law,
Justice and Parliamentary Affairs (MoLJPA) has carried out its work speedily. As a
result, dozens of legal provisions have been amended or repealed both in the areas of
civil and criminal laws, such as property, marriage, inheritance, adoption, rape,
abortion, polygamy, etc. Similarly, some new provisions for criminalizing violence
against women such as penalizing the act of condemning a woman as witch have been
incorporated in the Country Code. Amendments have also been made in procedural
laws from the perspective of gender equality and gender-sensitive language
construction. Some of the areas of such amendments made by the 11th amendment in
the Country Code and through the Act enacted to Amend Some Nepalese Acts to
Maintain Gender Equality are as follows:
44. Property Laws: The discriminatory provisions regarding ancestral property and
restrictive conditions for the use of property have been amended providing full
guarantee to recognize women as coparceners both in obtaining and exercising their
exclusive property rights on equal terms with men. These laws have been amended in
the wake of the Supreme Court’s order to maintain gender equality. There are some of
the landmark cases, filed as public interest litigations that have been decided in favor of
22
women’s property rights during this reporting period. In the case of Lily Thapa v.
Council of Ministers, decided on 2062-8-30 B.S. (15th Dec. 2005), the petitioner had
challenged the provision under the ‘Chapter on Women’s Property’ that put restrictions
on women from enjoying their exclusive property rights including selling and
transferring their share. The Supreme Court’s decision further reaffirmed the
‘ownership over property’ in line with the legal rights of women’s property guaranteed
by Article 15 of CEDAW. The 11th amendment in the Country Code has brought the
necessary reforms accordingly.
45. After the first case filed by Meera Dhungan regarding right to ancestral property
(reported in previous reports), 11th amendment in the Country Code was made, which
repealed the provision of gender discriminatory criterion based on age and marital
status. The 11th amendment had recognized daughters as coparceners entitled to
ancestral property by birth. The provision was still discriminatory as daughters were
required to return the ancestral property after marriage. It was also challenged through
the cases Meera Dhungana v. Council of Ministry decided on 29th July 2004 (2061-4-14
B.S) and Prakash Mani Sharma v. Council of Ministers, decided on 15th December
2005 (2062-8-30 B.S). In accordance with the directive order of SC to GoN, the
discriminatory provision in the Country Code on question of right to ancestral property
has been amended.
46. Provisions on marriage, divorce, child custody and adoption: Gender discriminatory
provisions relating to marriage, divorce, child custody and adoption have been repealed
accordingly. For example, after the court issued directive order in the case of Shyam
Krishna Maskey et. al. v. MoLJPA and others, decided on 2061-10-28 B.S. (10th
February 2005), the legal provision on divorce has been amended so as to establish the
23 CEDAW/C/NPL/4-5
same grounds for men and women. Similarly, the existing legal provision sets first
priority to mother to hold child custody. The laws on marriage (reported below under
the progress of Article 16) have been amended. For instance, the marriageable age for
both men and women has been made the same. Similarly, the laws establish equal
criteria for child adoption.
47. Recognition of women’s identity in procedural laws: Several provisions have been
amended following recognition of women’s independent status in procedural laws.
Earlier, women were not entitled to take part, unlike male members, in matters of court
procedures. The previous law excluded women from receiving summons paper issued
in the name of family members. An Act to Amend some Nepalese Acts relating to
Court Management and Administration of Justice, 2002. In addition, a number of laws
have been amended making special affirmative provisions in sensitive cases of women,
for example, giving priority in hearing the cases of widows. Similarly, the provision of
in camera trial has been incorporated to respect women’s privacy and confidentiality so
as to protect them from being re-victimized.
48. Amendments in criminal laws: Several provisions related to criminal law have
undergone amendments in the Country Code, such as criminalization of abortion made
on the basis of identification of sex of the child, conditions or legalization of abortion
(as reported in the previous report), criminalization of sexual harassment, widening of
the definition of ‘rape’ along with different levels of punishment according to the
gravity of the crime based on rape victims’ age, physical and mental conditions etc.
Marital rape has also been criminalized. Provisions of additional punishment for the
24
crime of rape on women by persons with HIV/AIDS or while in custody/prison are
worth mentioning. There are also provisions for compensation and in camera trial to the
victims of rape and trafficking.
49. Most importantly, separate specific legislations have been amended from the point of
view of gender equality including special measures for women. Legal provisions
excluding women from joining the Army have been amended, too. However, even after
the amendment in the Army Act, some discriminatory provisions were still prevalent.
For example, the provision regarding family pension and educational allowances
provided to the family of army personnel, excluded married daughters from such
facilities. This was challenged in the case of FWLD v. The Government of Nepal,
decided on 28th June 2007 (2064/3/14 B.S.) where the Supreme Court issued an order
declaring the said provision unconstitutional and also inconsistent with the provisions of
international human rights instruments to which Nepal is a party.
50. The 2nd Amendments in the Civil Service Act and its Regulations have developed some
special inclusive measures in the recruitment of civil servants. These measures are
meant for the reservation of women and other marginalized segments of the society, the
details of which have been provided in Part II under the progress of Article 7 and 8 of
this report.
51. Some new Acts have been enacted to promote gender equality. Among them the
Foreign Employment Act, 2007 and the Human Trafficking and Transportation
(Control) Act 2007 and its Regulation 2008 are noteworthy. The details have been
reported in the concerned provisions of the Convention below in Part II of this report.
Challenges Ahead
25 CEDAW/C/NPL/4-5
52. Although all major discriminatory legal provisions have been amended and harmonized
with the notion of gender equality, a number of challenges lie ahead before women to
fully exercise and enjoy their rights. Hence, in order to cope with these challenges, the
Government has considered both immediate and long term strategies for the full and
equal enjoyment of constitutional and legal rights of women.
53. The cultural, religious and traditional values often tend to perpetuate gender
discriminations and violations of women’s rights. Insufficient political commitment,
weak institutional capabilities of delivery and regulatory mechanisms and lack of
awareness of information technology in rural areas have contributed to women’s
deprivation of their rights. Despite a lot of initiatives taken for the protection and
promotion of human rights of women, the rights of Dalit women, women with
disabilities, ethnic minorities and the ones infected with HIV/AIDS are yet to be fully
realized. Considering these challenges, the Government has taken legislative and other
appropriate equity measures for the social inclusion of these vulnerable and
marginalized women.
Articles 3 and 4: Measures to Accelerate Equality between Women and Men
Basic Information
54. GoN has engaged itself in the full development and advancement of women by
adopting temporary and special measures. The Interim Constitution provides sufficient
scope for taking special measures. Article 13 (3) of the Constitution explicitly states:
“…making of special provisions by law for the protection, empowerment or
advancement of the interests of women….” This provision provides a guideline for the
26
implementation of the rights of women as guaranteed under article 20 of the
Constitution. Part IV of the Constitution further provides enforcement measures in
discharging state responsibility by following directive principles and state policies. The
policies outlined in the constitution in the areas of health, education, empowerment of
widow/single women and other socio-economically marginalized women are of special
significance.
Change Initiatives
55. With regard to the short-term special measures, the GoN has adopted legislations,
policies and programs by targeting disadvantaged groups including women and the girl
child. The SC has developed jurisprudence on affirmative provisions since the case of
Sita Acharya (mentioned in the previous reports) that “A woman requires a special
protective environment throughout her pregnancy and even after the delivery, in which,
she should be cared and nourished and it is even the state’s duty to ensure that she
meets all these requirements. On the basis of the social concern of maternal and child
health care and the law assigned by the international treaty, the women workers of
Nepal should also be provided opportunity to exercise their Reproductive Rights.
“These efforts were reinforced in the directives issued by the SC in its verdict upon
deciding in the case of Prathous Chhetri v. Council of Ministers and Others-case
decided in 2004 on 29th Oct.2004 (2061-07-13 B.S) to enact legislation for
implementing intervention plans to uplift and promote equitable development of the
deprived community including women.
56. Respecting the directives of SC, the Government has significantly expanded scholarship
programs targeting the girl child, Dalits, deprived group of the society, and
27 CEDAW/C/NPL/4-5
geographically remote areas since FY 2006/07. Further, the Interim Plan has formulated
special programs for empowerment, rehabilitation and income generation for Badi
women of the Far-western and Mid-western regions who are commonly known as sex
workers. Also, the plan targets to conduct household development programs to provide
employment-oriented training and free education for Badi children. The Plan is also
explicit in implementing targeted programs to increase access of Dalit women to
education, health services and provide non-formal education for them.
57. More than 150 laws provide affirmative provisions for women's involvement in
education, health, employment, civil service recruitment etc. The Interim Constitution
provides scope for confirmatory actions in the advancement and empowerment of
women. The result is seen at local levels with a number of women’s groups formed
under Women Development Program. Women Development Offices have been
established in all 75 districts. WDP is concentrated on social mobilization and economic
empowerment through women cooperatives, thus mainstreaming poor and marginalized
rural women through economic and social development programs. 10
58. The National Plan of Action (NPA) has incorporated a number of measures adopted for
the empowerment of women, including awareness, advocacy, training and so on. It has
targeted the special provision of 33% participation of women, which is being achieved
progressively. In order to implement the targets, GoN has increased its budget for the
FY 2008/09. The GoN realizes empowerment as a multidimensional process which
10 Source: WDD/MWCSW Annual Report, 2006/07.
28
enables women to exercise and enjoy human rights and fundamental freedoms equal to
men. Gender Empowerment Index (GEI) of the excluded women increased by 10
percent. A UNFPA research study attributes to following 3 dimensions in this process:
I. Increasing women’s access to economic opportunities and resources through
employment, credit and wealth including land, technology, education,
knowledge and health which is vital for human development.
II. Raising social awareness in women and men about the symptoms and causes of
oppressive religious, economic, cultural, familial and legal practices and
strengthening their capacity to capitulate traditional gender roles.
III. Increasing women’s political power through women’s organizations, solidarity,
collective action and effective voice and presence in decision making positions.
59. The above dimensions are being considered by the Government and NGOs. The
awareness program is one of them which are being conducted by the MoWCSW
through Women Development Officers (WDOs) in coordination with other ministries
and other implementing agencies in all districts. GoN’s policies and programs have
explicitly mentioned that “women shall be proportionately included in all bodies and
levels of Government by bringing forth special and positive legal provisions. A
National Commission for Inclusion shall be set up to give recommendations for the
purpose of achieving the same.” The Asian Development Bank (ADB) has funded the
Gender Equality and Empowerment of Women (GEEOW) program, which is being
implemented in the remote districts of Far and Mid Western Hills and the Terai districts
of the Central Region, where HDI is lagging behind, since 20 November 2006. The total
number of districts covered by GEEOW is 15.
29 CEDAW/C/NPL/4-5
Challenges Ahead
60. The conceptual basis of short-term special measures has yet to be internalized as there
is slow process of socio-economic growth. The life options for women are determined
not only by material assistance but also by the overall gender ideology and the
prevailing socio-economic set-up. The deeply rooted discriminatory and stereo-typed
practices are hindering the transformation process.
Article 5: Traditional Cultural Practices
Basic Information
61. Social acceptance or the culture of silence can still be observed in some of the
stereotyped areas. Dowry system, son preference, child marriage, polygamy,
widowhood and other practices related to social exclusion are occasionally reported in
the media. Nevertheless, as a result of Government initiatives and NGOs interventions,
such bad practices in the name of tradition and culture have significantly come down
during the reporting period.
Reform Initiatives
62. The Interim Constitution provides clear safeguards for women from the aforementioned
practices. Article 20 of the Constitution says, “No one shall be discriminated in any
form merely for being a woman”, this provision ultimately provides a greater scope for
the implementation of rights against exploitation and violence against women.
30
63. Moreover, the directive orders of the SC have brought a lot of change initiatives
regarding the elimination of discriminatory traditions that are deeply rooted in the
society and being practiced in the name of cultural, customary or religious practices.
The Chaupadi practice was challenged through the case of Dil Bahadur Bishwokarma
v. HMG, where the SC on 1st May, 2004 (2062-1-19 B.S.) declared the practice as
discriminatory against women and a violation of women’s human rights. The SC has
also issued an implementation guideline to the Government. The SC also issued
directive order to the Ministry of Health and Population (MoHP) for the formation of a
Committee so as to conduct an in-depth study on the impact of this practice on women’s
health. The MoWCSW was also ordered to develop guidelines in line with the spirit of
elimination of violence and discrimination against women. More importantly, the SC
observed the importance of NGOs in carrying out awareness campaigns against this
kind of discriminatory, inhumane and degrading traditional and customary practices.
64. Following the SC’s directive order, GoN has taken a number of implementation
measures. The Council of Ministers has already declared Chaupadi as the worst form of
social practices. Similarly, MoWCSW has been implementing a three-year pilot project,
supported by Save the Children/Norway. The project includes activities such as:
Awareness building through media and Information, Education and
Communication (IEC) materials (e.g. radio program, leaflet, posters,
documentary);
Health checkups and safety measures including sanitation with a provision of
separate toilet, use of sanitary napkins, infirmary, etc.
Formation of Vigilance Committees by including senior citizens of the community
to put pressure against such practices.
31 CEDAW/C/NPL/4-5
65. This intervention has helped to bring about positive changes. The mindset of people
towards Chaupadi has now begun to change. The confinement period during menstrual
cycle has been reduced. Instead of confining women in cowshed, they are now allowed
to stay inside their home. Additionally, MoHP has already established a committee and
has carried out an in-depth research on the adverse impact on women’s health due to
such practices.
66. Similarly, in the case of the witchcraft Advocate Resma Thapa v. Council of Ministrers,
10 Aug. 2004, the SC has issued a directive order to GoN to enact adequate laws and
other appropriate preventive and promotional measures. GoN has already taken it
seriously by denouncing the act as embarrassing and degrading and humiliating anyone
in the name of witchcraft is now considered a serious crime, which is punishable with
jail sentence, under the State Cases Act. Additionally, the MoWCSW has developed ‘a
zero tolerance policy’ on violence against women. Likewise, the Domestic Violence
Act has been passed by the Legislature-Parliament recently. This Act is considered a
major instrument in protecting women from domestic violence.
67. The MoWCSW has been implementing programs to empower adolescent girls and
advocate their right to education and health as well as to end discrimination against the
girl child in all 75 districts. To this end, a number of targeted programs have been
implemented with special focus on empowerment of women and girl children across the
country. Meanwhile, NGOs are also actively working to raise awareness in the
community against the existing social prejudices and discriminatory practices imposed
upon women in the name of religion and culture. The policies adopted in the recent
32
periodic plans and GoNs' concerted efforts through gender responsive budget
mechanism are expected to be resulted in desired change in this area.
Challenges Ahead
68. Some practices are so deeply ingrained in the society that it is often difficult to call
them discriminatory. The practice of the Kumari -“Living Goddess”- (mentioned in the
previous initial and periodic reports) is one such difficult issue. Whether this practice is
to be preserved as a long-established culture of respecting a girl as a Living Goddess or
is it a mere violation of the rights of the girl child? Two cases, arguing against each
other, have been filed with the SC.
69. Disadvantages related to gender discrimination are further reinforced by socio-cultural,
institutional and other practices which discriminate against women mainly belonging to
marginalized castes and ethnicities. They are susceptible to discrimination due to
traditional practices which are guided by religious and social dogmatism. The dowry
system, still in practice in some parts of the country, is also a challenge in the way to
empowering women, particularly, of the Madhesi community as their level of
awareness and education is relatively low.
Article 6: Trafficking in Women
Basic information
70. There is no reliable data regarding human trafficking. The National Human Rights
Commission (NHRC) of Nepal has reported that, 12,000 women are trafficked every
year and among them, 20% are the girls below the age of 16. The ILO provides a
staggering figure of women trafficked from third countries to Indian metropolitan cities
33 CEDAW/C/NPL/4-5
(such as Mumbai, Delhi) and Gulf Countries. Likewise, various reports prepared by
different organizations estimate that some 100,000 to 250,000 trafficked girls and
women are working as sex workers in India. An analysis of information obtained from
the print media, case studies and surveys on trafficked survivors shows the age group
11-18 years for girls are found to be more vulnerable to trafficking. However, reported
cases of each year are very few in number (it was 112 in 2006/07). There is no match in
the 'usually quoted' figures and reported cases. The estimates made are based on
speculations and refer to one and another report, which are also without any firm basis.
However, the 2001 census data shows that altogether 82,712 women are absent from
households and out of them, 33,620 (40.6% of female absentees) are absent for
unknown reasons. (Source: Status and Dimensions of Trafficking within Nepalese
Context, Integrated Development Studies (IIDS) and UNIFEM, 2004).
However, there are some indications that the state has to be alert to check human
trafficking. One attention has to be paid in the cross border movement of young women.
The data given below shows the most vulnerable age group is 17-25 years followed by
13-16 years. A total of 243 cases (81.54% of the total) fall under these age categories
out of the total 298 cases.
34
Table: 3
Number of Trafficking victims according to their age and number of cases filed in the court
(during fiscal year 2003/2004 (2060/61 BS) to 2006/2007 (2063/64 BS)
Below 7 8-12 13-16 17-25 26-35 36-45 Above Number of Year Years Years Years Years Years Years 46 years Case filed
2003/2004 2 7 26 39 1 0 1 76 (2060/61 BS)
2004/2005 3 3 22 52 8 4 2 94 (2061/62 BS)
2005/2006 6 7 30 74 10 1 0 128 (2062/63 BS)
2006/2007 3 12 35 83 12 2 0 147 (2063/64 BS)
(Source: Women and Children Service Center, Nepal Police) 2007
The status of trafficking cases registered in the court is as follows:
35 CEDAW/C/NPL/4-5
Table: 4
Fiscal Finalized cases Registered Remaining Convicted year cases Convicted Acquitted Total Cases Percentage (B.S.)
2003/04 134 11 17 28 106 39.29
2004/05 131 17 13 30 101 56.67
2005/06 117 16 13 29 88 55.17
2006/07 102 4 9 13 89 30.77
Source: Attorney General’s Annual Report, 2006/07 (2062/063 BS), pg.19
71. The decade-long armed conflict which caused large scale displacement and migration of
people, led to further aggravation of the problem. The growth of dance bar restaurants
in Kathmandu and other cities of Nepal have attracted a growing number of teenage
girls. Exploitation of girls working in the cabin/dance restaurants as one of the
emerging issues is discussed in subsequent paragraphs in Part IV of this report.
Reform Initiatives
72. During the reporting period, Nepal has ratified SAARC Convention on Trafficking of
Women and Children in 2007. The present framework of laws relating to human
trafficking in Nepal is very progressive. Article 29 of the Interim Constitution
guarantees the ‘Right against Exploitation’ and clearly prohibits human trafficking,
slavery or bonded labour and exploitation in the name of custom, tradition and practice
36
or in any other manner. This provision provides full constitutional guarantee against
trafficking of women in all circumstances.
73. In addition to the newly enacted Trafficking Act, the Government has recently adopted
the ‘Human Trafficking and Transportation (Control) Regulation” in November 2008.
The Regulation provides for the formation of Committees at National and District
levels. The Secretary and the Joint Secretary of MoWCSW will be the Chairperson and
Member Secretary of the National Committee respectively. The National Committee
also includes members from ministries (Joint Secretary level, with priority to women)
of Labour, Home, and Foreign Affairs, Deputy Attorney General (preferably women),
DIG (preferably women). In addition, three women actively working against human
trafficking on an individual or organizational basis will be nominated by MoWCSW on
the basis of inclusiveness as far as possible. Similarly, the MoWCSW will nominate
two victims of trafficking. The District Committee will be headed by the CDO as
Chairperson, Women Development Officer as Member Secretary, and Chiefs of
District Government Attorney Office, District Police and other stakeholders as
members. Three women working against human trafficking will be nominated from the
Civil Society organizations on an individual or organizational basis by MoWCSW. A
representative of District Executive Committee of Nepal Journalist Federation will also
be a member.
74. This regulation makes important provisions such as maintaining confidentiality of
victims, providing translator or interpreter for victims, establishment and operation of
Transition Shelter (minimum 50% women’s representation) including physical
infrastructure, legal aid, treatment, health services, psycho-social counseling,
educational access, skill training and social and family integration for the victims. The
37 CEDAW/C/NPL/4-5
regulation also provides for the management and operation of rehabilitation fund and
monitoring and reporting formalities. The regulation also requires the development of
the code of conduct for the center. This regulation is the first of its kind to combat the
crime of trafficking.
75. The Office of the National Rapporteur on Trafficking in Women and Children (ONRT)
has been established within NHRC. Control and elimination of trafficking and social
integration of victims is one of the strategic objectives of ONRT. ONRT has started
publishing its reports on the situation of Trafficking in Nepal since 2005. The second
report (2006/07) is analytical in terms of addressing the opportunity and problems of
foreign employment and associated risks of trafficking in women as well as the possible
interventions on it. In order to implement the legal provisions, GoN has already
established a ‘Trust Fund’ in December 2008 with a core fund of NRs. 14,000,000.
76. During 2006 and 2007, ONRT has conducted several advocacy programs including
trainings on trafficking including safe migration. It has appointed focal persons at the
NHRC regional offices to work on this issue.
77. GoN has formulated NPA for the implementation of CEDAW in 2004. Combating
trafficking in women is one of its 19 recommended areas for action. The main
activities/programs related to combating trafficking of women include the following:
Identification of the number of trafficking survivors in different towns/countries,
Repatriation of trafficking survivors with the help of diplomatic mission,
38
Establishment of an adequate number of rehabilitation centers to trafficking
survivors and providing reintegration services,
Providing employment opportunities to trafficking survivors in rehabilitation
centers by establishing, expanding and developing public and private industries,
Ensuring the commitments of concerned Ministries and Departments to
effectively implement NPA against Trafficking of Women and Children for
Sexual and Commercial Sexual Exploitation,
Ensuring the effective enforcement of trafficking law by the mobilization of
different stakeholders including NGOs and CBOs,
Implementation of poverty alleviation programs in most trafficking-prone areas
and increase the livelihood opportunities for the people,
Identify bilateral and multilateral areas of cooperation in order to control cross-
border trafficking,
Prepare and publish a National Report on the situation of trafficking in Nepal each
year, and
Making MoLT, Department of Labor, DoELP and Nepal Police responsible to
combat trafficking in relation to foreign labor employment.
78. A number of NGOs, INGOs and UN Agencies, mentioned in the previous reports have
also contributed to the prevention and elimination of trafficking through various
programs. The line ministries and departments have implemented some programs to
prevent it. Scholarship programs to Dalit students and girls under HIV/AIDS control
program of MoHP, Decentralized Action for Children and Women (DACAW) of
MoLD/DWD, Land Reform and Rehabilitation program for freed bonded labours
(Kamaiyas) of the Ministry of Land Reform and Management (MoLRM), and Poverty
39 CEDAW/C/NPL/4-5
Reduction Strategic Planning programs of Poverty Alleviation Fund are some of the
major programs undertaken.
79. MoWCSW plays a key policy-making role in the area of combating trafficking. It also
makes institutional arrangements to fight trafficking. There is a National Policy and
Action Plan to Prevent and Control Trafficking in Women and Girls prepared in 1999
and task forces have been formulated in each of the 26 districts which have been
identified as the most vulnerable in terms of human trafficking. They are: Jhapa,
Sunsari, Morang, Sarlahi, Mahottari, Dhanusa, Udayapur, Ramechhap, Sindhuli,
Kavrepalanchowk, Sindhupalchowk, Kathmandu, Lalitpur, Nuwakot, Rasuwa, Dhading,
Gorkha, Kaski, Makawanpur, Parsa, Chitwan, Nawalparasi, Rupandehi, Dang, Banke
and Kailali.
80. GoN has allocated additional budget of Rs. 14 million in FY 2008/09 for trafficking
prone districts, Sindhupalchowk, Kathmandu and Kailali, for the purpose of
rehabilitation and re-integration of women with their families. The program is being
implemented by the MoWCSW in partnership with NGOS such as ABC, Shakti
Samuha and Sirjanshil Samaj. Under this Government-run rehabilitation program, 56
trafficking-victim women have been rehabilitated in the aforesaid 3 centers. According
to MoWCSW program, during 2009, 4 more Rehabilitation Centers have to be
established in Jhapa, Parsa, Rupandehi and Banke districts.
81. The MoWCSW and DWD have taken initiatives in organizing various public awareness
programs in collaboration with NGOs working in the area. Apart from rehabilitation,
the programs include counseling and consultation, vocational training, capacity
40
building, leadership development, social mobilization, legal aid, re-integration,
education, awareness on HIV/AIDS etc. MoWCSW annually organizes awareness
programs on the occasion of ‘national anti-trafficking day’. The program has had a
great impact as it is live-cast throughout the day all over Nepal by the national and other
media.
82. The SC has shown its activism in Suresh Lama et al vs. HMG on the FIR of Sharmila
Tamang (NKP 877, 2005), has clearly observed that “Unlike other criminal Acts, there
may not be witnesses or by-standers in the cases of sexual exploitations against women.
Therefore, the victim herself and the reports of her physical examination are the major
evidences. Clever, deceitful and selfish people are found to be the perpetrators of this
organized crime whereas under-aged, immature, illiterate, ignorant women/girls are the
victims. These women/girls are not aware of their rights and are ignorant of the fact that
there is a legal provision to report such sexual exploitation and also provision of
punishment the offenders or perpetrators. Even gloomier side of this picture involves
the victim’s family’s ignorance and poverty. The family members cannot think of the
possible outcomes that could face them under the cupidity of their daughter-earned
money. Forcing women/girls to engage in prostitution is a despicable and condemnable
crime. This is not only of national concern but also an internationally recognized grave
offence.”
41 CEDAW/C/NPL/4-5
Challenges Ahead
83. The statistical data on trafficking victims vary widely. The numbers quoted in one
report do not tally with that of another. Several factors seem to have been the likely
cause of under-reporting, such as the fear of social stigma, low level of awareness, and
strong networks and linkages of the traffickers at various levels.
84. Internal trafficking: A study conducted by MoWCSW in 2006 found that an estimated
40,000 female workers aged between 12-30 years were employed in 1,200 Cabin and
Dance restaurant and Massage Parlors in Kathmandu Valley. They were compelled to
work late in the evening and to engage in sexual activities unwillingly so as to please
the customers. The study found that these female workers are vulnerable to trafficking,
as 52.2% of them said they have been approached by the pimps with assurances of
better job opportunities in Hong Kong, Saudi Arabia, and Dubai.
85. Prospect for foreign employment for women in many instances has turned into a snare
for human trafficking. The number of women who want to go abroad for employment
due to the lack of jobs and favorable working condition within the country is increasing.
Unfortunately, they often lack reliable information or contacts and, therefore, many of
them are duped by pimps and end up in brothels across the border.
86. Open Border: The open border between Nepal and India facilitates easy movement of
people and goods between the two neighbours. At the same time, it also gets misused by
traffickers to transport women and children on the other side of the border. In order to
42
keep a strict vigilance and monitor cross border movements so as to check and control
suspicious activities, GoN has also been collaborating with NGOs at the local levels.
87. Opening of rehabilitation centers: DWD, as directed by MoWCSW, has run state-
owned rehabilitation centers in some districts. Last year such centers were opened in 3
districts (Sindhupalchok, Kailali and Kathmandu). This year DWD has allocated
resources to open them in 4 more districts (Jhapa, Prasa, Rupandehi and Banke). Except
Kathmandu and Sindhupalchok, the other 5 districts are border transit points. WDOs in
these districts have signed management contracts with NGOs. In other places, some
NGOs working in the area have been active in support of the government’s initiative.
Maiti Nepal, working in close cooperation with the Nepal Police, is one of the most
active organizations in preventing women and children from being trafficked. It
intercepted 754 victims at various points in Nepal-India border in 2002 only. Similarly,
a total of 1,618 children and women were intercepted at Nepal-India border during
2004. The number was 1,404 and 2,398 in the years 2005 and 2006 respectively. There
are more than 10 Transit Homes run by different NGOs at the border cities of Nepal
with the objective of providing temporary support to the rescued and intercepted
children and women. Women Rehabilitation Center (WOREC) is one of them. WOREC
is running Safe Homes both for traffic survivors and victims of gender-violence.
88. GoN has been making various efforts to deal with the issues of STD and HIV/AIDS. A
number of NGOs have been cooperating and collaborating with GoN in these efforts.
There is a need for conducting more awareness programs so as to bring positive
changes in the attitude of the community towards the victims of such diseases and
facilitate their reintegration in the society.
43 CEDAW/C/NPL/4-5
89. The impact of GoN’s declaring bonded-labours illegal is expected to reduce the chances
of cross-border trafficking of Nepalese children for the purpose of using them as
bonded labours, including various forms of economic and sexual exploitation.
Previously, the demand of girl child was rather high. During 2006-07, of the 233
children rescued, 217 were girls. Of this total number, 78.55% are from ethnic groups
and 12.5% from the Dalit community.11 For obvious reasons, girls are more vulnerable
to this kind of trafficking.
Article 7 and 8: Political, Public and International Participation
Basic Information/Change Initiatives
90. The NPA has been framed to encourage women to actively participate in the
institutionalization of democracy and the electoral as well as peace and reconstruction
processes with the following measures:
Policy and legal reforms as well as other necessary measures to ensure at least
33% representation of women in the policy and decision-making process at all
levels.
Women's active participation will be ensured through gender mainstreaming in all
areas of development.
91. The Interim Constitution makes a landmark affirmative provision for participation of
women in politics. Article 63 (4) of the Constitution explicitly states “the principle of
11 The State of Children of Nepal 2007, CCWB, Kathmandu.
44
inclusiveness shall be taken into consideration while selecting the candidates by the
political parties” elected on the basis of FPTP system from each of the election
constituencies, and on the basis of proportional electoral system. Article 63 (5) further
provides: “in case of women there should be at least one third of the total
representation obtained by adding the number of candidates” in both FPTP and
Proportional Representation system. The Constitution also makes provision for the
inclusion of women in the executive committees of the political parties. In addition,
there is a mandatory provision of inclusion of women member in the NHRC.
92. The target envisioned by article 63 of the Interim Constitution has been achieved, which
can be seen from the tables given below:
Table: 5
CA Election: Candidates and Result
Candidates (First-Past-The-Post) Total Number
Women candidates 373
Men candidates 3,648
Total candidates 4,021
45 CEDAW/C/NPL/4-5
Table: 6
Candidates (Proportional Representation) Total number
Women candidates 3,067
Madhesi candidates 1,918
Dalit candidates 680
Janajati candidates 2,138
Backward area candidates 183
Candidates from other groups 1,750
93. As per the legal provision of guaranteeing 33% of women candidates in CA, the political
parties nominated their candidates. The result is as follows:
Women comprise 197 members (32.77%) out of 601 elected/nominated members
of the Constituent Assembly.
In the Proportional Representation (PR) election, 161 women were elected (48.6
percent) among the 335 candidates selected by the political parties, and,
30 women have been elected out of a total of 240 seats in the first-past-the post
election (FPTP).
Out of 26 nominated members, 6 are women.
The following table shows sex disaggregated statistics of CA members represented
from different political parties and on independent basis:
46
Table: 7
S. Direct Proportional Nominated Total
Political party Female Male Total Female Male Total Female Male Total Nepal Communist Party (Maoists) 24 96 12 50 50 10 3 6 9 229 1
2 Nepali Congress 2 35 37 36 37 73 1 4 5 115
3 CPN-UML 1 32 33 35 35 70 2 3 5 108
4 Madhesi Janadhikar Forum, Nepal 2 28 30 11 11 22 0 2 2 54
5 Terai Madhes Loktantrik Party 1 8 9 5 6 11 0 1 1 21
6 Sadhbhavana Party 0 4 4 2 3 5 0 0 0 9
7 Janamorcha Nepal 0 2 2 2 3 5 0 1 1 8
8 Nepal Workers Peasants Party 0 1 2 1 1 2 0 1 1 5
9 Rastriya Janamorcha 0 0 1 1 2 3 0 0 0 4
10 Rastriya Prajatantra Party 0 0 0 4 4 8 0 0 0 8
11 CPN-ML 0 0 0 4 4 8 0 1 1 9
12 Rastriya Janashakti Party 0 0 0 1 2 3 0 0 0 3
Rastriya Prajantantric Party 13 0002 2 4 0 00 4 (Nepal)
14 Nepal Communist Party (United) 0 0 0 1 1 2 0 0 0 2
Nepal Sadhbhavana Party 15 0001 1 2 0 11 3 (Aanandadevi)
47 CEDAW/C/NPL/4-5
Nepal Communist Party 16 0002 3 5 0 00 5 (Samyukta)
17 Rastriya Janamukti Party 0 0 0 1 1 2 0 0 0 2
Sanghiya Loktantrik Rastriya 18. 0001 1 2 0 00 2 Manch
19. Dalit Janajati Party 0 0 0 0 1 1 0 0 0 1
Chure Bhawar Rastriya Ekata Party 20. 0000 1 1 0 00 1 Nepal
21. Nepali Janata Dal 0 0 0 1 1 2 0 0 0 2
22. Prajatantrik Janata Party Nepal 0 0 0 0 1 1 0 0 0 1
23. Nepa: Rastriya Party 0 0 0 0 1 1 0 0 0 1
24. Nepal Loktantrik Samajwadi Dal 0 0 0 0 1 1 0 0 0 1
25. Nepal Pariwar Dal 0 0 0 0 1 1 0 0 0 1
26. Independent 0 2 2 0 0 0 0 0 0 2
Total 30 21 24 16 174 33 6 20 26 601
Source: Election Commission, Nepal, 2008
The Participation of Women in Public Services
94. The second amendment (Aug. 07) in the Civil Service Act, 1993 (2049 BS) and
changes in the Civil Service Regulation, 1994 (2050 BS) include special inclusive
measures in the recruitment process. Under this, 45 % seats are reserved for women,
indigenous and ethnic communities, Madhesis, Dalits, persons with disability and
48
marginalized groups. Out of this 45%, 20% is solely reserved for women. The provision
requires conducting separate competitions among each of the category mentioned
above. The amendment also provides that if any civil servant is killed in conflict while
discharging service, the husband or wife of the deceased shall get pension throughout
his/her life, adding further remaining tenure if the deceased’s service tenure would be
less than 20 years. However, as compared to the significant number of women elected
in CA, the participation of women in different areas of public services is relatively low.
The following are some of the sex-disaggregated statistics:
Table: 8
Recommended for the Appointments on Gender Basis, 2006/2007 (2063/2064 B.S.)
Gazetted Non-gazetted
S.N. Sex Non- Non- Technical Total Technical Total technical technical
41 39 80 3 11 14 1 Female (9.53%) (18.93%) (12.58%) (11.11%) (11.83%) (11.67%)
389 167 556 24 82 106 2 Male (90.47%) (81.07%) (87.42%) (88.89%) (88.17%) (88.33%)
Total 430 206 636 27 93 120
Source: Public Service Commission 064
49 CEDAW/C/NPL/4-5
Table: 9
Participation of Women in the Legal Sector, 2063/2064
Total
S.no. Designation Female (%) Male (%) Numb
er
1 Attorney General - 1 (100.0%) 1
2 Higher rank Government Attorney - 4 (100.0%) 4
3 First Class Government Attorney - 27 (100.0%) 27
4 Second class Government Attorney - 78 (100.0%) 78
5 Third class Government Attorney 2 (1.85%) 106 (98.15%) 108
6 Senior Advocate 2 (3.84%) 50 (96.15%) 52
7 Advocate 914 (7.76%) 10863 (92.24%) 11777
8 Pleader 693 (7.12%) 9038 (92.88%) 9731
9 Agent 5 (0.45%) 1088 (99.54%) 1093
Source: Office of Attorney General,/Nepal Bar Council, Kathmandu; 2007
Table: 10
Statistics of Women Judges
S.no. Court Female Male Female (%) Total
1 Supreme Court 1 12 7.69 13
50
2 Appellate Court 1 77 1.28 78
3 District Court 3 131 1.50 134
Total 5 220 1.78 225
Source: Judicial Council Secretariat, 2008 (2065 B.S)
95. GoN has adopted policies to ensure active participation and empowerment of women
from disadvantaged groups, Adibasi Janajatis, Madhesis, Muslims, single women,
women with disability and the marginalized in the social economic and political
spheres. Women are encouraged to actively participate in institutionalization of
democracy and the electoral process. Gender based information system (GBIS) is being
established to closely monitor and evaluate the policy implementation.
Challenges Ahead
96. The value of women’s role in decision-making is yet to be fully realized. Substantive
participation of women is yet to be increased and ensured in other public spheres (at
national and international levels) as compared to political participation.
97. Constitutional guarantee of women’s compulsory participation in constitutional bodies
and other state agencies is yet to be established. The Government is cognizant of UNSC
Resolution 1325, which underlines the importance of women’s participation in peace
building process and other decision making positions. Accordingly, efforts are
underway to fully mainstream women in the process.
98. Stereotype cultural practices are still seen as major impediments to achieve substantive
participation of women in political and public life. Moreover, unlike women’s
51 CEDAW/C/NPL/4-5
participation in national-level politics, women's participation at international level other
than in women’s issues, are comparatively less.
Article 9: Nationality (Citizenship)
Basic Information/Reform Initiatives
99. The citizenship provision in the previous Constitution and Citizenship Act which
precluded women from passing their nationality to their children has now been
repealed. Article 8 of the Interim Constitution recognizes that Nepalese women can
transfer their citizenship to their children and the children can obtain citizenship in the
name of either of the parents. A new Citizenship Act has been enacted replacing the
Citizenship Act, 1963. GoN has taken initiatives in order to implement the provisions
accordingly. CDOs have already started providing citizenship certificates parenting the
name of the mother.
Challenges Ahead
100. Art. 8 (6) of the Constitution provides: a woman of foreign nationality who has a
matrimonial relationship with a Nepalese citizen may acquire non-naturalized
citizenship, if she desires to do so. Pursuant to the laws in force, the gap in the legal
framework in relation to Nepalese women married to foreigners is yet to be bridged.
GoN has taken this issue into consideration.
Article 10: Education
Basic Information
52
101. Remarkable achievements have been made in education in order to meet the
commitment towards ‘Education for All’ (EFA) by 2015’ (as reported in the previous
report). Department of Education has mainly concentrated on producing educational
information of school activities in terms of number of schools - community and
institutional; student participation and their representation to gender, Dalit, Janajati
and disables; number of teachers and their training status; GER and NER of pre-
primary, primary, lower secondary and secondary education by gender and ecological
region, ratios, etc.
102. The overall literacy rate has been divided into three broad headings according to age,
under which:
6 years and above: 53.7% population is literate, in this, 65.1% comprise males and
42.5% are females.
15-24 years: total 69.4% are literate, out of which, 80.2% are males and 59.2% are
females.
25 years and above: total 48.6% are literate, out of which, 62.7% are males and
34.9% are females.
Source: Some Statistical Facts on Nepalese Women, CBS, 2007
103. In total, the Gender Parity Index (GPI) at lower secondary and secondary levels is 0.89
and 0.85 respectively. This indicates that the overall participation of girls in both levels
is still low. Similarly, compared to other social groups the percentage of girls and the
GPI for Dalit is also low.
53 CEDAW/C/NPL/4-5
104. The overall share of girls' enrolment at lower secondary level is 47.1 of which 43.8% is
in Mountain, 49.1% in Hill, 48.1% in Valley and 45.4% in the Terai area respectively.
The share of girls' enrolment in all social groups is in increasing trend; however, the
enrolment of Dalit girls is 9.8 %, and so is yet to be increased compared to their
population share at national level. The share of Janajati (ethnic community) enrollment
remains similar as at the primary level. .
105. The above figures regarding ethnic communities do not provide the same ratio of
enrollment all over Nepal as there are 11 remote districts namely Kalikot, Bajura,
Baitadi, Darchula, Bajhang, Jumla, Achham, Dadeldhura, Mugu, Doti and Saptari with
less than 10% Janajati students at primary level, whereas seven districts namely,
Mustang, Panchthar, Taplejung, Makwanpur, Solukhumbu, Rasuwa and Manang have
more than 70% Janajati students at primary level. Therefore, the girls’ enrollment in far
remote rural area is also affected in the same or even less in ratio. The figures given in
the following tables indicate the scenario of women in higher education:
Table: 11
Faculty-wise students enrolled in higher education (including Proficiency Certificate
Level) of all universities of Nepal, 2004/05)
Faculty Percentage Total No of Boys No of Women of women Students students
Engineering 7925 6736 1189 15
54
Medicine 2761 1223 1538 55.7
Forestry 437 350 87 19.9
Agriculture 760 607 153 20.1
Science & 14080 11546 2534 18 Technology
Humanities & 52312 34055 18257 34.9 Social Science
Management 41112 29395 11717 28.5
Education 31661 22099 9562 30.2
Law 1025 851 174 17
Sanskrit 270 182 88 32.6
Aayurved 148 129 19 12.8
Total 152491 107201 45290 29.7
Source: Some Statistical Facts on Nepalese Women: 2007, CBS
Female teachers
106. MoE has comprehensively analyzed the trends (i.e. 2004-2007) of female teachers in all
types of community schools. In total the proportion of female teachers has been found
increased by 6.4 percent from 2004 to 2007.
107. Total, 49,061 (29.7%) female teachers are reported for all levels, of which 3,557
(21.3%) are in Mountain, 20,992 (27.5%) in Hills, 9,322 (50.4%) in Kathmandu Valley
and 15,190 (28.2%) in Terai area respectively. Considering the level-wise distribution
of teachers, there are altogether 116,846 teachers at primary level, of which 41,475
(35.5%) are female teachers. At the lower secondary level there are 27,903 teachers
55 CEDAW/C/NPL/4-5
with 5,182 (18.6%) female teachers and in total 20,674 with 2,404 (11.6%) female
teachers at secondary level were reported in the school year 2007-08.
108. The percentage of female teachers in the institutional schools is 44.1% for all levels of
education, of this 55.9%, 32.1% and 19.8% female teachers were reported for primary,
lower secondary and secondary level. Out of the total reported number of teachers,
25.7% female teachers were reported in all levels of community schools, of this 30.9%
at primary level, 13.7% at lower secondary level and 7.7% female teacher were reported
at secondary level. Overall, the highest percentage of female teacher is found in
Kathmandu Valley and the lowest is in Mountain zone at all levels.
109. The overall share of female teachers is 29.7% in all types of schools, of which 35.5% is
in primary level, 18.6% in lower secondary level and 11.6% female is in secondary
level. Compared to the total share of female teachers in the country, the Valley zone has
the highest share and the lowest is in Mountain, hills and Terai zones. Similarly, the
highest GPI is of Valleys and the lowest is of Mountain regions at all levels of
education.
110. The distributions of female teachers at lower secondary and secondary levels also vary
from district to district. Compared to the national average, altogether 52 districts have
lower percentage of female teacher at lower secondary level, whereas rest of the 23
districts have higher percentage of female teacher than the national average (13.7%) in
all types of 31 community lower secondary schools. Some districts, namely:
Dadeldhura, Bajura, Kalikot, Bajhang, Rautahat, Baitadi, Doti, Mugu, Rukum and
Achham have less than 5% of female teacher at lower secondary level whereas, 20
56
districts have higher percentage of female teacher at secondary level than the national
average. (Source: Flash 1 Report 2007/08, Annexes: XXI_"A,B,&C").
111. The percent of Dalit and Janajati teachers in the teaching profession as well as in school
administration is still low. The following figure shows the scenario of women
participation in the school administration:
Table: 12
Women’s participation in school administration
Members No. of Female Dalit Selected Elected Description of ethnic schools member members members members groups
School
Administration 25948 17.2 8.2 33.8 94.5 5.5
Committee
Source: Ministry of Education and Sports, 2007
112. Information on available Physical Infrastructures: Altogether 78% of total schools
have toilet facilities, out of which 33% have common toilets, and 36% have separate
toilets for girl students.
Reform Initiatives
113. Reaffirming the Free and Compulsory Education Plan of Action (2001-2015), recently
GoN has echoed “Basis of New Nepal, Education as Universal Fundamental Right”. Rs.
38.98 billion has been allocated for the education sector which is a 44.5 percent rise
from the revised education sector expenditure of the previous FY (2007/08).
57 CEDAW/C/NPL/4-5
114. The National Plan recognizes that “no girl should be deprived of school education due
to her economic condition, caste/ethnic, religious or linguistic backgrounds. The state is
committed to pursue a policy of making special provision for such marginalized and
disadvantaged group. To this end, the education plan has adopted strategic programs for
achieving gender parity and social equality including mass awareness to eradicate
patriarchal ways of behavior and more programs for girls and children from Dalit
communities and ethnic minorities. The plan targets the following:
Ensuring 96% girls’ Net Enrolment Rate by 2009;
Ensuring 50% female teacher ratio by 2009;
Ensuring primary education for all girls by 2015; and
Achieving 66% and 75% female literacy rate by 2009 and 2015 respectively.
115. The Recommendations of the Gender Audit Report further reaffirms the national plan
with a number of programs such as;
Formulation and dissemination of gender strategies by MoE.
Implementation of female teacher policy.
Development of educational materials, free from gender bias.
Inclusion of gender issues in all training materials.
Establishment of Girls’ Education Fund to achieve girls’ right to education with
equity and equality framework.
Provision of School Grants with conditions of girls’ enrolment and the recruitment
of female teachers etc.
58
116. GoN has also developed ‘Gender responsive budget’ prioritizing education, training and
technology and other programs and has allocated the budget in line with NPA.
117. Additionally, during the reporting period, MoE has adopted a number of change
initiatives in increasing the number of girl students. The slogan, ‘Welcome to School’
has proved to be effective. To meet the objective, MoE has further taken measures for
the promotion of education in general and women and other social group in particular.
Following are some of the steps taken:
50% girls are selected for scholarship on the basis of poverty;
Additional grant is for the school that enrolls at least 45% girls and also retains
them until the end of the school year; and
Additional grant for the school that recruits female teacher up to 50%.
118. Due to internal efficiency at primary, lower secondary and secondary level, compared
to the previous school year, the promotion rate in the current school year in all grades is
increasing. It is interesting to note that the promotion rate of girls in all primary grades
is higher compared to the boys, whereas at the lower secondary and secondary levels,
the promotion rate for boys is higher than that for girls. (Source: Annexes XVIII-A-C
and XVIII-A of the Flash Report 2007/08)
119. Nepal is implementing EFA national plan under which a detailed program for 2005-09
has been developed in consultation with education stakeholders at national, regional and
district and sub-district levels. It incorporates six policy goals of the Dakar Framework
for Action and aims to meet the main objectives including- to ensure access and equity
in primary schools (to raise net enrolment to 96 per cent by 2015), enhance quality and
relevance of primary education, and improve system efficiency and institutional
59 CEDAW/C/NPL/4-5
capacity of schools and institutions at all levels. Likewise, GoN is promoting alternative
learning opportunities for children aged 6-14 years who are out of formal education.
There are three packages targeted to such children—‘out-of-school’ program, 'flexible
schooling' and the ‘school outreach’ program. In addition, GoN is running literacy
program for adults, particularly targeted to women. Likewise, Nepal has initiated
School Sector Reform (SSR) Program aiming to integrate school system (grade 1 to 12)
since 2008. The proposed policy direction defines grade 1-8 as the basic education
which is evolved with the notion of 'rights-based' approach. GoN, since long time back
has long taken the position that every child has the right to receive quality basic
education. And, thus, interventions are planned and implemented in the same direction.
Challenges Ahead
120. Early marriage and the social obligation of marriage and the expectation of bearing
children are major impediments to women’s advancement in education and career jobs.
121. Drop-out is seen both in pre and post marital status. The social obligation of marriage
and the expectation of bearing children is the root cause of drop-out.
122. The low number of female teachers, mainly in higher level and in technical subjects of
all social groups, is another challenge. Although there is policy of compulsory
recruitment of at least one female teacher in each primary school, a large number of
schools are still failing to comply.
60
123. Women staffs, mainly at the decision level in the MoE, is to be increased. At present,
the female Joint Secretaries represent 4.7%, the female Under Secretaries and the
female Section Officers are 6.8% and 4.9% respectively in MoE and Sports. (Source:
UNFPA, Gender Equality and Empowerment of Women in Nepal, 2007)
124. Girls’ participation in quality education is to be increased. Boys are given better
educational opportunities by parents, who send them to private schools or to cities while
the girls, particularly those from villages, have few such opportunities.
Article 11: Employment
Basic Information
125. Gender Development Index (GDI) and Gender Empowerment Index (GEI) of Nepal are
0.391 and 0.452, respectively. The total labour force in Nepal is 63.4% (10 years and
older), in which women comprises 55.2%, and men 71.6%. Amongst women, majority
are in the agriculture sector. The CBS also records that 57.9% of women are found to be
involved in agriculture, whereas 46.7% are men. Most of the women are engaged in
informal, subsistence, domestic wage earning and care taking jobs. In the economic
activities outside home, contribution of women is 36.3 hours per week and that of men
is 42.6 hours per week. In the non-economic activities at home, their labor participation
is 25.1 hours and 9.7 hours respectively. The involvement of women and men in the
overall economic and non-economic activities are 103.9 and 98.8 hours, respectively.
The contribution of women has been important not only in the normal period but also
during the period of conflict. In the conflict affected areas, as the majority of active age
men either went to India or urban cities of Nepal to escape from war or join in the
61 CEDAW/C/NPL/4-5
armed group, women did all the activities including care taking and other economic
activities.
126. Women’s contribution is 50% in GNI, which is also higher as compared to men, who
contribute only 44%. However, in total labour force, it is shown that the number of men
is higher because of the sole counting of formal sectors where men’s participation is
higher. The following comparative figures of three decades, is symbolic:
Table: 13
1981 1991 2001 Area Male Female Male Female Male Female
Agriculture 88.9% 96.1% 74.8% 90.5% 62.7% 79.7%
Non-agriculture 11.1% 3.9% 25.2% 9.5% 37.3% 20.3%
Source: CBS, 2001
127. The number of women, going on an individual basis, for foreign employment is
increasing. However, the number of women going through foreign employment
agencies is low. The following two figures provide a comparative scenario:
62
Table: 14
Migration on Individual Basis
S.no. Year Women Men Total
1. 2007/08 2296 (47.47%) 2540 (52.52%) 4836
2. 2006/07 3030 (66.37%) 1535 (33.62%) 4565
3. 2005/06 377 (15.72%) 2021 (84.27%) 2398
Source: Ministry of Labour and transport management
Table: 15
Migration through Foreign Employment Agencies
S.no. Year Women Men Total
1. 2007/08 390 (0.19%) 204143 (99.81%) 204533
2. 2006/07 828 (0.46%) 176748 (99.53%) 177576
Source: Ministry of Labour and Transport Management
63 CEDAW/C/NPL/4-5
Reform Initiatives
128. Article 18 of the Interim Constitution guarantees the fundamental right to employment,
including social security. Part IV of the Constitution also enshrines the state obligation
and state policies within the framework of basic means of subsistence. The
discriminatory laws related to employment have been amended in line with gender
equality, including affirmative provisions mentioned above under the progress of
Article 1 and 2 of this Report. Ratification of the ILO Convention 169 further ensures
the rights of indigenous ethnic groups where women of such community will also be
benefited.
129. The TYIP targets the integrated development of skills, capital and market in order to
promote self-employment to the unemployed women and men in the informal and
unorganized sectors. According to the TYIP, support will be provided through
education, training and skill development to increase the access of low income groups
such as, Dalits, women, Adibasi Janajatis, Madhesis, minorities, backward classes,
conflict affected and disabled people, in domestic and foreign employment. The Interim
Plan makes clear provision for vocational and skill development program for women
followed by quantitative targets for three years (FY 07-09) as 7,500, 11,000, and 16,000
respectively.
130. GoN is promoting safe migration and ensuring the rights of women migrant workers
since 2002. UNIFEM is supporting GoN to advance this principle. Core groups were
formed at the Department of Labour and Employment Promotion to guide the program
on empowering women migrant workers of Nepal.
64
131. The new Foreign Employment Act has been enacted in 2007 to ensure the rights of
workers in general and women workers in particular. The Act, among others, envisages
the following principles:
A right-based approach has been recognized in the preamble as it clearly states
that there will be no discrimination in the sector of foreign employment on the
basis of sex which allows women workers to go for foreign employment in the
informal sector in Gulf countries.
A provision has been included to adopt special measures and reservation for
women to provide access in foreign employment.
Strict requirement to use national airport to go abroad for foreign employment has
been adopted to protect women from various forms of exploitation, fraud,
harassment and the risk of human smuggling.
Mandatory orientation training and the cost of such training to be reimbursed by
the Foreign Employment Board for women, to ensure authenticity and the quality
of orientation training.
Skill training on the basis of the demand of the job as women migrant workers are
found being taken for domestic work without prior training and there have been
instances of early termination of contract due to lack of skills. UNIFEM is
working with the Government to develop a manual for domestic workers.
The Act provides a mandatory provision to establish labour attaché in those
countries where more than 5,000 Nepalese are working. More importantly, the
provision also facilitates for the assignment of women worker attaché in countries
where more than 1000 women workers are placed. The Act also has created some
65 CEDAW/C/NPL/4-5
mechanisms to govern and manage the foreign employment. A separate foreign
employment department and a foreign employment board have been established,
comprising representatives from MoWCSW, foreign employment experts, etc.
The board is mandated to carry out study on the opportunities and challenges
within foreign employment and recommend new and safe labour destinations;
collect and collate data to promote foreign employment and conduct awareness
program through various medium; to manage welfare fund, to protect the rights of
the workers; to use remittances, skills and knowledge of the migrants for the
development of the nation; to develop the NPA to ensure social benefit to the
workers; and to establish and manage safe home for the women migrant workers.
Similarly, the Act has provisions for the establishment of Foreign Employment
Fund which will also be used to compensate women migrant workers, for the pre-
departure orientation costs, to establish and manage day-care centers for the
children of women migrant workers, to conduct awareness programs on foreign
employment and programs for the benefit of the families of migrant workers, to
create employment opportunities for the returnees which are expected to benefit
women. It has been proved that comparatively social cost can be higher for
women and children in the process of re-migration.
132. The condition of women at workplace has also drawn the attention of the SC in some
cases. In Sarmila Parajuli et. al v. Council of Ministers decided in 2004, the SC upheld
that sexual harassment at workplaces is one of the issues of exploitation of women in
which, a woman working at an institute or organization is sexually abused by her co-
66
workers or seniors. The SC has also noted how a woman employee would be subjected
to such harassments either with the threat of dismissal from job or some enticing
promises such as promotion, increment in salary or rewards. Such abuses have drastic
negative impact on the victim’s work status and morale. Therefore, the SC ordered
enactment of legislations covering all aspects of this issue including proper
investigation, adequate penal provisions and relief measures for victims of such cases.
The MoWCSW is drafting a Bill on ‘Sexual Harassment in Work Places'.
Challenges Ahead
133. The major challenge in achieving the right to equality in employment is that, on the one
hand, women have right to work irrespective of the nature of job, place and time (night
or day) as of men, on the other hand, there are several instances reported where women
working in restaurants, within the country or gone for foreign employment are found
sexually exploited. In this context, there is a contradiction between enjoyment of the
right to non-discrimination in employment and the extent of the protection of women
from sexual harassment.
134. Use of women labor for income generating activities is yet to be institutionalized. Labor
exploitation by the informal and unorganized sector goes unabated and exposure to such
risks is imminent.
135. The prevalence of De facto discrimination and stereotype practices in the society is seen
as a factor hindering women from enjoying their rights to/in employment. Furthermore,
the reproductive role of women is often found not being acknowledged with necessary
measures at the employment sectors.
67 CEDAW/C/NPL/4-5
Article 12: Health
Basic Information
136. The National Demographic Health Survey (NDHS) has been conducted in 2006 by
DHS. The survey was done among 10,793 women aged 15-49 years and 4,397 men
aged 15-59 years. The report provides some of the success indicators described in the
subsequent paragraphs.
137. The life expectancy of both male and female is progressively increasing. The average
life expectancy of women is relatively higher, which is 63.7 years. The maternal
mortality rate is in a decreasing trend which is recorded as 281 per 100,000 women.
The fertility rate has been decreased from 4.6 (1996) to 3.1 in 2006. However, women
in rural areas have comparatively higher fertility rate, which is recorded to be 3.3
whereas women in urban areas are found to be 2.1. Average age of first child bearing
has been increased, which is now, 20 years. Use of contraceptives by women has been
increased. In 2006, 70% women use contraceptives. Among the women who use
contraceptives, 44% women use modern forms of contraceptives. 40% women receive
prenatal care, out of which 28% women receive from skilled health workers. (Source:
NDHS, 2006)
138. The NDHS provides detailed information on fertility, family planning, infant, child,
adult and maternal mortality, maternal and child health, nutrition and knowledge of
HIV/AIDS and other sexually transmitted infections.
68
139. Fertility: Survey results indicate that there has been an unprecedented decline in fertility
from 4.6 births per woman in 1996 to 3.1 births per woman in 2006, a drop of 1.5 births
per woman in the past ten years. The decline is more pronounced in five years between
2001 and 2006 (one child or 24 per cent decline) than between 1996 and 2001, with
declines observed in every age group over the past ten years, and larger declines seen in
the older than younger age cohorts. Following figures presented to depict the real
situation:
Fertility is considerably higher in rural (3.3 births per woman) than in urban areas
(2.1 births per woman)
Almost one quarter of Nepalese women have given birth before reaching age 18,
and more than half have had a birth by age 20. The median age at first birth is
about 20 years for all age cohorts, indicating virtually no change in the age at first
birth over the past few decades.
Data from the 1996 NFHS, the 2001 NDHS and the 2006 NDHS indicate that the
proportion never married among women age 15-19 and 20-24 increased by 21 per
cent each over the past ten years, with the decline more pronounced in the past
five years than in the previous five years. A similar pattern of decline in nuptials is
observed among men as well in the past five years, although the decline is much
smaller among men than women.
First age at marriage is 17.2 among women age 20-49.
The median age at marriage among women age 20-49 increased by nearly a year
over the past ten years but this increase was small over the past five years.
However, the median age at marriage among men rose by nearly a year in the last
five years.
69 CEDAW/C/NPL/4-5
The median age at first birth is about 20 years across all age cohorts, indicating
virtually no change in the age at first birth over the past two decades. More than
70 per cent of women in all age cohorts had their first birth by age 22; with the
proportion of women having their first birth by age 22 declining with increasing
age of the mother. About 90 percent of Nepalese women have their first birth by
age 25. One in five adolescent women age 15-19 are already mothers or pregnant
with their first child. The proportion of teenage women who have started
childbearing increases from 1 per cent among women age 15 to 41 per cent among
women age 19.
140 Family Planning: Nearly one in two married women is using a method of
contraception, with most women using a modern method (44 per cent). The two most
popular modern methods are female sterilization (18 percent) and injections (10 per
cent). The use of modern contraceptive methods among currently married women
increased by 70 per cent in the past ten years from 26 per cent in 1996 to 44 per cent in
2006.
141. Nearly three-quarters of currently married women who were not using any family
planning method at the time of the survey responded that they intend to use a method
in the future. The majority of prospective users prefer injections and female
sterilization.
142. Maternal Health: 44 percent of mothers received antenatal care from skilled birth
attendants for their most recent birth in the five years preceding the survey. In addition,
28 per cent received antenatal care from trained health workers such as a health
70
assistant or auxiliary health worker, a maternal and child health worker (MCHW), or a
village health worker (VHW). Less than 2 per cent of women received antenatal care
from a traditional birth attendant or a female community health volunteer (FCHV). One
in four births received no antenatal care at all. Over the past ten years, there has been a
significant improvement in the proportion of mothers who receive antenatal care from
an SBA, increasing from 24 per cent in 1996 to 28 per cent in 2001 and 44 per cent in
2006. About three in ten women make four or more antenatal care visits during their
entire pregnancy. The percentage of women who made four or more antenatal visits
during their pregnancy tripled during the past ten years. The median duration of
pregnancy for the first antenatal visit is 4.6 months, indicating that Nepalese women
start antenatal care at a relatively later stage of their pregnancy.
143. Breastfeeding and Nutrition: The 2006 NDHS also collected information on the
nutritional status of women age 15-49 years, which showed 24 per cent of Nepalese
women were malnourished, that is, they fall below the cutoff of 18.5 for the body mass
index (BMI), which utilizes both height and weight to measure thinness (Kg/m2). Nine
per cent women were overweight or obese. Women’s nutritional status has improved
only slightly over the years. 36% of women age 15-49 are anemic, with 29 per cent
mildly anemic, 6 per cent moderately anemic, and less than 1 percent severely anemic.
144. HIV and AIDS: Women are mostly aware that the chances of getting the AIDS virus
can be reduced by limiting sex to one uninfected partner (65 percent) or by abstaining
from sexual intercourse (60 percent). 59 percent of women and 75 percent of men aged
15-48 know that a healthy-looking person can have the AIDS virus. The sex-
disaggregated data presented in the following tables show some of the glimpses:
71 CEDAW/C/NPL/4-5
Table: 16
Number of HIV Affected Population
HIV Positive AIDS Year Sampled Test Male Female Total Male Female Total
2004 6326 942 340 1282 112 32 144
2005 7654 907 327 1234 90 21 111
2006 16890 1750 931 2681 197 70 267
2007 28103 1239 798 2037 265 119 384
Total 58973 4838 2396 7234 664 242 906
Table: 17
Description of HIV Affected Population
Medium Male Female Total
Sex workers 1 728 729
Clients of sex workers 4941 104 5045
House wives 0 2366 2366
Blood transfusion and organ transplant 20 7 27
72
Drugs and injections 2107 33 2140
Gay relations in men 43 0 43
Babies infected by pregnant mothers 348 232 580
Unknown 50 17 67
Total 7510 3487 10997
Source: National STD’s and HIV Control Head office/
Reform Initiatives
145. Article 16 of the Interim Constitution guarantees the right to health stating “Every
citizen shall have the right to get basic health service free of cost from the State as
provided for in the law.” Article 20 further provides that the Constitutional guarantee is
more specific on women’s right to reproductive health. Article 22 provides the right to
nourishment, basic health and social security of children which is equally applicable to
girl child. Part IV of the Interim Constitution accordingly incorporates state obligation
“to pursue a policy of establishing the rights of all citizens to health.” The state policy
further requires strengthening delivery mechanism; including the development of
infrastructure for people feel their rights to health are being implemented. The state
policy explicitly requires pursuing a policy of encouraging maximum participation of
women in national development by making special provisions for their education, health
and employment.
146. The Budget for the fiscal year 2007/08 explicitly targeted to reduce maternal mortality
through the provision of maternity services. For this, infrastructures will be developed
in 100 health posts to provide maternal health services. A 24-hour operation facility
including maternity services will be provided in eight districts, viz. Panchthar, Jumla,
73 CEDAW/C/NPL/4-5
Dailekha, Pyuthan, Siraha, Sankhuwasabha, Achham, and Gulmi. Maternity services
will be provided free of cost to all. The Budget also states that “national program will
be launched for the treatment of women suffering from uterus prolepsis and such a
facility along with operation services will be provided to 12 thousand women this year”.
147. To reduce risks associated with pregnancy and childbirth and address the deferral, three
major strategies have been adopted in Nepal; (source: DoHS, Annual report2005/2006
pg 93)
Provision of 24 hour emergency obstetric care services (basic and comprehensive)
at selected public health facilities in every district;
Promoting the use of skilled birth attendants at every birth, either at home or in a
health facility;
Promoting birth preparedness and complication readiness, particularly the
availability of blood, transport and money.
148. In order to ensure more focused and coordinated efforts among many stakeholders
involved in safe motherhood and neonatal health programming, Government and Non
Government, national and international organizations collaborated to draw an improved
the National Safe Motherhood Plan (2002-2017). The revised Safe Motherhood and
Neonatal Health Long Term Plan (SMNHLTP 2006-2017) includes recent
developments not adequately covered in the original plan. Revisions are being made to
better ensure the access of services to needy women in many priority areas, such as
Recognition of the importance of addressing neonatal health as an integral part of safe
74
motherhood programming, the policy for skilled birth attendants, health sector reform
initiatives, legalization of abortion and integration of safe abortion services under the
safe motherhood umbrella, addressing the increasing problem of mother to child
transmission of HIV/AIDS, and recognition of the importance of equity and access.
149. In order to achieve the National Plan mentioned above, the SMNHLTP identifies the
following goal, purposes and outputs;
Strengthening human resource management;
Establishing functional referral system and advocating for emergency transport
systems and funds from communities to district hospitals for obstetric
emergencies and high-risk pregnancies;
Strengthening community-based awareness on birth preparedness and
complication readiness through FCHVs, increasing access of all relevant maternal
health information and service.
The SMNHLTP further identifies equity and access as a cross-cutting issue. It has
developed specific indicators to monitor information access and changes among
poor and excluded people. The major target of this plan is to encourage
communities to utilize available services and to empower communities especially
the poor and excluded to demand services. Social mapping was carried out in 8
selected districts in this regard. Similarly, as part of the demand activities,
continuous advocacy has been done for services, especially increase in human
resources. These tools were used for district needs assessments prior to program
implementation.
75 CEDAW/C/NPL/4-5
150. In order to implement the legal provisions on abortion effectively, the Government has
introduced a Comprehensive Abortion Care (CAC) that includes effective reproductive
health services. In FY 2005/2006, 83 doctors were trained and listed as service
providers and 64 new sites from both public and private were listed for service delivery.
During the Fiscal Year 2005/06, 47,210 women received services from 191 sites from
Government hospitals.
151. The IEC and Behavior Change Communication (BCC) strategies have been developed
for the awareness raising programs like development and printing of posters, leaflet,
flyers, district-level orientation to increase women’s power to choose and access safe
abortion and other reproductive health services.
152. Maternity Incentive Scheme: In Nepal high financial costs are a key barrier for
common people to have access to skilled birth attendants or health facilities. To help
mitigate this constraint, GoN has initiated a scheme to provide financial assistance to
women seeking skilled delivery care to cover their transportation cost on the basis of
equity. Now this scheme is being implemented throughout the country. The main
components of the scheme are:
Free maternity service in the hospitals.
A cash payment to women is given for presenting for delivery at any public health
facility for their first or second child. The amount vary according to ecological
regions, reflecting the associated difficulties of travel: NRs 500 in Terai, NRs
1,000 in Hill areas and NRs 1,500 in Mountain areas;
76
A payment of NRs 300 to staff classified as trained health workers for attending
deliveries either at home or in a facility; and
In selected districts (25 classified as having a low human development index) free
services at public health facilities for both normal and complicated deliveries.
153. In order to review any maternal prenatal death, a National Maternal and Prenatal Death
Review Committee (NMPDR) has been formed under Family Health Division. Initially
for FY 2004/2005, NMPDR process was initiated in six hospitals and further expanded
in six zonal hospitals in FY 2005/2006.
154. A sum of NRS 139,850,000 was allocated for maternity incentives scheme in FY
2005/2006. It has been found that altogether 60 districts had submitted detailed reports
with information on deliveries, complications, caesarean sections, referral of
complicated cases and incentives paid. Similarly, GoN is working with various NGOs
having expertise in various issues. The Uterine Prolapse Alliance (UPA), an NGO
established in April 2007 in consultation with MoHP under the fold of Safe Motherhood
Network Federation-Nepal (SMNF) is one of the worthy examples to mention. GoN
announces a national programme on Uterine Prolepses (UP) providing surgical
treatment to 12,000 needy women in FY 2008/2009 and conduct 25 surgery camps. A
‘UP Prevention and Management Committee’ has been formed under the MoHP.
(Source: SFNFN, 2008)
155. The judicial activism on the issues of ‘reproductive health’ of women has been proved to
be an important guideline in taking change initiatives in bringing law and policy
measures. The case of Prakashmani Sharma and Others v. the Government of Nepal
decided on 2065/2/22 (4th July 2008) is one of the landmarks where the SC has issued
77 CEDAW/C/NPL/4-5
writ of mandamus to MoHP for the enactment of laws regarding women’s reproductive
health and reproductive right including special measures as guaranteed by Article 20 (2)
of the Interim Constitution. The SC also issued an order for the essential treatment for
the reproductive health related diseases. Moreover, it has issued a directive order for the
formation of ‘Experts Committee’ in coordination with MoWCSW comprising the
members from MoHP and NGOs working in this area.
Challenges Ahead
156. Poverty, household drudgery, low status of women in the overall social structure, culture
of son preference, early marriage, low level of education and low nutritional status have
triggered the low health status of women in Nepal.
157. Even though GoN has paid its prioritized attention towards women’s reproductive
health, the general health problem such as anemia and malnutrition, which is the root
cause of almost all health problems, is yet to be adequately addressed.
158. Unlike reproductive health, gender disaggregated data on incidences and treatments of
various diseases are found to be gender-neutral and therefore lack gender disaggregated
data. The current health policies are seen focusing more on women’s reproduction and
its control, rather than the overall health issues.
159. Due to the lack of adequate disaggregated data, various health sector targets (i.e. MMR,
IMR) are hard to specify without proper analysis of the contributions of each factor,
quality of services, infrastructure or motives of service providers.
78
160. Moreover, the state of pregnancy is always a subject of an emergency consideration.
Without an efficient referral system, the Millennium Development Goals (MDGs) or
other targets on MMR, IMR and under five mortality rates may be difficult to achieve.
161. The health program is more focused to rural women, while poor women in urban areas
are also suffering from uterus prolepsis and other diseases.
162. Most nutritional programs are focused to improve the nutritional status of infants and
children. Less attention is paid to improving the nutrition of mothers. Again though the
reproductive health strategy adopts human rights-based approach at the center, the
strategy yet to be developed and disseminated to service providers for its proper
implementation.
163. The policy on HIV/AIDS and STDs is yet to incorporate different vulnerability and
needs at prevention levels. The most notable challenge so far is bringing people for
using health check-up for tracing out this kind of disease. The case of women is more
challenging as they fear of family and community. Taking into account these potential
challenges, GoN has focused more on awareness-raising programs through maximum
utilization of media and other means of communication.
Article 13: Economic and Social Life of the Community
Basic Information
164. Although there has been positive change in gender development, substantial change in
the status of women in the socially and economically backward groups and rural areas
is yet to be achieved. Nevertheless, the contribution of women has been important not
only in the normal period but also during the period of conflict. In the conflict-affected
79 CEDAW/C/NPL/4-5
areas, as majority of men were engaged in the armed struggle, women t out all took the
burden of farm-land, household management and other economic activities.
165. The labor force participation rate among women is 48.9 and among men is 67.6. Most
of the women are engaged in informal, subsistence, domestic wage-earning and care-
taking jobs. In the economic activities outside home, contribution of women is 36.3
hours per week and that of men is 42.6 hours per week. At home, the respective
contributions are 42.5 hours and 46.5 hours per week. In the non-economic activities at
home, their labor participation is 25.1 hours and 9.7 hours respectively. The
involvement of women and men in the overall economic and non-economic activities
are 103.9 and 98.8 hours, respectively. The following table shows this figure more
clearly:
Table: 18
S.No. Indicators -Labor contribution Unit Male Female
Hour per 1 Economic Activities outside house 42.6 36.3 week
Hour per 2 Economic Activities inside house 46.5 42.5 week
Hour per 3 Household works (unpaid) 9.7 25.1 week
Entire (economic and unpaid Hour per 4 98.8 103.9 household works) week
Source: TYIP (2007/2009), Kathmandu National Planning Commission
80
166. One of the indicators of access to resources is property ownership, where women
lagged behind. Women’s earned income is only half of men. One of the gender
discrepancies can be seen in the household distribution by sex of the household head.
The female headed household comprises of only 14.9 out of total 4.17 million houses.
Moreover, it is only 41.9 percent out of total female headed households that live in
owned houses; the rest live in rented or other houses. In terms of the household living
standard, only 14.6 percent of the female headed households is found to be living in
permanent houses whereas the ratio of male headed household living in such houses is
85.3 percent.
167. The gender disparity can also be seen in the ownership of the house and land. It is
worthwhile to note that very few women have ownership of house or land or both.
168. Gender discrepancy is almost insignificant in terms of small scale household activities.
However, in the case of paid employment, female involvement constitutes 1.3 percent
(12.4 percent illiterate and 18.9 literate female) whereas male involvement constitutes
68.9 percent (30.0 percent illiterate and 38.9 literate male).
169. The family system in Nepal is traditionally structured with the concept of a joint family
where the socio-economic decisions are taken by the ‘head’ of the family and the
women have very limited access in it. There are 14.9 percent of the female headed
households living in permanent houses whereas the ratio of male headed household
living in such houses is 85.1 percent. The table below shows women having limited
decision making power in the households:
Table: 19
Head of the family on the basis of gender
81 CEDAW/C/NPL/4-5
Description Number %
Male head 3553390 85.1
Female head 620984 14.9
Source: Central Bureau of statistics, 2007 (264) (Cited at Gender Disaggregated Data,
National Women’s Commission, 2008, table 4, p.6)
170. With regard to the credit-related program, as of mid-July 2005, the Women
Development Program of Small Farmers Development Project (WDP/SFDP) had
organized 431, 000 women into nearly 48,000 groups, and the cumulative credit
disbursed was Rs 21 million. SFDP’s sub-project office has been converted to Small
Farmers Cooperative Limited (SFCL). There are 154 SFCL’s now established in 36
districts. Their cumulative loan disbursement up to May 2004 reached NRs. 2.2 billion.
Of the borrowers, 59.4% were men and 40.6% were women.
171. The comparative economic status of Nepalese women (in the Years 1996 and 2004) may
be summarized in the following figure:
Table: 20
Indicator/year 1996 2004
Per capita purchasing power parity US $
Men NA 1,776
Women NA 891
Agricultural Wages (Current Prices)
Men 44 85
82
Women 35 65
Non-Agricultural Wages in NRs. (Current Prices)
Men 76 137
Women 57 101
Source: UNDP (HDR) 2004, and 2005, CBS NPC/NLSS, 2003/4 for wage rates. (Cited at
UNFPA, Gender Equality and Empowerment of Women in Nepal, 2007)
Reform Initiatives
172. With the realization of the gender issues in relation to socio-economic well being of
women, the GoN has adopted the plan of action to address the following:
Prevalence of female-headed and male-headed households in poverty-wealth
spectrum.
Extent of female ownership and access to assets.
Gender gap in access to household economic activities.
Gender biased occupational and industrial segregation.
173. Special attention has been given to the women, Dalit, Adibasi Janjati, the Madhesi
community, low-income groups, and extremely remote areas including Karnali, which
so far have been excluded in the past socio-economic development efforts. In order to
provide relief to the general public including the destitute and deprived groups and to
bring improvements in their socio-economic conditions, TYIP has adopted policies and
programs to cover the gaps. TYIP is explicit with regard to better ensuring women's
access to and control over natural resources for their economic empowerment.
83 CEDAW/C/NPL/4-5
174. Progress in savings and credit programs for the economic and social empowerment of
women is encouraging. Gender perspective, now, has been incorporated in the overall
economic environment, development process, and the budget and policy formation.
175. GoN's program is targeted for the welfare of suppressed, extremely poor, landless Dalit,
marginalized and Madhesi women. The economic empowerment program will be
implemented in 40 districts. The budget allocation for the fiscal year 2007/08 also
includes this program as a specially prioritized program. The social security
arrangements have been made effective from 17 September 2008 as follows:
Monthly Rs.500 for all age groups of endangered ethnicities,
Monthly Rs.500 for Dalits, Single Women and people above 60 years of Karnali
Zone,
Monthly Rs. 500 for all other citizens above 70 years,
Likewise, the GoN also increased the monthly allowances for blind person. A
monthly Rs.1000 for fully handicapped and disabled and Rs. 300 for partially
handicapped and disabled will be provided.
Apart from single women, the budget is beneficial to women of old age,
endangered ethnicities and with disability.
Challenges Ahead
176. TYIP admits the following challenges:
84
The condition of women has become miserable due to armed conflict and
displacement.
Opportunities of livelihood at the local level have been lost.
Agreement to check cross-border human trafficking still does not exist.
Labor exploitation by the informal and unorganized sector goes unabated and
exposure to such risks is imminent.
There is an increasing feminization of poverty.
Use of women labor for income generating activities is not yet a reality.
85 CEDAW/C/NPL/4-5
Article 14: Women in Rural Areas
Basic Information
177. MoAC along with MoFSC and MoLD, in coordination with MoWCSW play key roles
in the management of the Women Development Programs in rural area. MoLD is
working gender sensitively at the local level for the advancement and empowerment of
rural women. The gender sensitivity of MoLD is reflected in its policy and programs,
such as:
Introducing and managing credit programs for women to meet the objectives of
Local Self Governance Act (LSGA).
Specifying the need of programs to address gander concerns by District
Development Committees (DDCs) and Village Development Committees
(VDCs). Need for participation women and other disadvantaged groups in
planning and budgeting practices are incorporated in the policies, Act and
Regulations of local institutions
Requiring all user committees to have at least 30 percent women
Introducing specific gender empowering elements in its programs, such as
Participatory District Development Program, Local Governance Program
(PDDP/LGP) and now Local Governance Community Development Program
(LGCDP)
86
Promoting programs like Decentralized Action for Children and Women
(DACAW) in collaboration with UNICEF for increasing women’s access to
services and changing the community gender perspective with men's participation.
178. Some programs such as Village Development Program (VDP) under LGCDF are
concentrated on group formation, skill development and small scale income generating
programs, which have elements for women's empowerment. Moreover, they seem to
have started to pay attention to issues of women’s and children's rights in their training
programs and seek women’s participation in planning, programming/budgeting
exercises. Besides, the area or VDP coverage of LGCDP is limited and the program
sites are viewed only as model areas.
179. Focusing rural women, the Women Development Program (WDP) now covers 75
districts, 1843 Village Development Committees (out of 3913 VDCs) and 32
municipalities. During FY 2008/2009 WDP has a target to cover 600 more VDCs. This
program has coverage of 54,350 women's group to include more than 340,000 women
members. 752 women cooperatives have been registered and 442 are in a process to be
registered. Women's co-operative and groups are mobilizing more than Rs.483 million
out of their savings. They also mobilize the revolving fund in their groups which has
been increased to Rs. 85.7 million.
Reform initiatives:
180. Economic empowerment of rural women is one of the major concerns of the
Government. Five Rural Development Banks (RDBs) were established in five
development regions since the early 1990s to cater the credit needs of rural women. Up
to 2005, a total of NRs. 12.5 billion had been lent to nearly 146,000 women borrowers.
87 CEDAW/C/NPL/4-5
Four other rural development banks in the private sector also mobilize credit to rural
women borrowers. By mid-July 2005, their cumulative disbursement to about 129,000
borrowers had reached NRs. 5.4 billion. Similarly, up to 30 June 2005, Decentralized
Local Governance Support Program (DLGSP) - a successor of Local Governance
Program and Participatory District Development Program disbursed NRs. 1.2 billion to
around another 6,33,000 borrowers; 48% borrowers are women.
181. The TYIP clearly states that “an intensive program targeted to employment and income
generation for rural women of backward groups will be extended to Village
Development Committees by increasing their involvement. To upgrade the professional
skills of rural women in their economic pursuit, steps will be taken to develop their
entrepreneurial capacity, through an increased access to economic resources and
information, market management, technology transfer and innovation.”
182. Production Credit for Rural Women (PCRW) was one of the focused areas of the
Government program. PCRW in Nepal was started during the Sixth Five Year Plan
(2037-2042 BS). This was expanded in all 75 districts during FY 2001/2002. Realizing
that Women Development requires moving towards multi-dimensional direction, this
program has been reframed incorporating various approaches such as gender
empowerment, economic self-reliance and equality approach. Such programs are being
implemented with the financial and technical support from UNICEF, UNFPA, UNDP,
ADB, etc. Learning the lesson from PCRW, women are given training on various issues
such as legal rights, reproductive rights, income-generating activities, in the field of
agriculture, cottage industry, savings and credit management. Since 2002, with the
88
assistance of UNICEF, Decentralized Action for Children and Women (DACAW)
program has been implemented in 15 districts. Under the umbrella of DDC,WDC and
DEO, DDWO are collaborating to monitor education, health and other economic
activities of women groups. UNICEF also assists to ensure legal aid to children and
women through para-legal committees. Now DACAW program has been extended to
cover 23 districts.
183. The WDP program is set up with the realization that Dalits, and marginalized women
face more problems than other privileged women, and so these women have greater
challenges in their development. It is taken in consideration that the main determining
factor in this regard is the degree of the holding of 'social capital' by women. Those
'poor' who hold more of 'social capital' and those 'poor' who hold less of social capital
will have different level of benefits, by this program aiming to increase the active
participation of men, to promote women's involvement in development activities.
184. The above mentioned programs are specifically targeted to conflict-affected women
with a total budget of Rs 40 million that includes initial training, skill development
training and investment aid. The MoLD is responsible for strengthening local
governance system, facilitating the development process in remote areas and poverty
alleviation programs through social mobilization. As per the objectives of the Tenth
plan, TYIP, and the policy and programs of present Government sufficiently provides
scope for MoLD to ensure equitable distribution of resources and better power relations
between local level groups and between women and men.
185. The need for participation of women and other disadvantaged groups in planning and
budgeting practices is well incorporated into the policies, Acts and regulations of local
89 CEDAW/C/NPL/4-5
institutions. The LGCDP, as a successor of Local Governance Program and
Participatory District Development Program, is gender sensitive to a substantial extent
and is trying to involve women in all stages of activities in coordination with
community-based women’s groups (Mother’s group, community forestry group,
women’s cooperatives, etc.) and the NGOs working in thematic areas of concerns at
grass root level. 48% of local organizations promoted by DLGSP were of women.
186. GON is also implemented other rural women development program in partnership with
various UN organizations and INGOs. The UNICEF-supported DACAW is one of the
successful examples targeted to women and children from policy-making to service
providing level. UNFPA supported Population and Reproductive Health Integrated
(PARHI) project is implemented in 6 districts and targets women and socially excluded
groups.
Challenges Ahead
187. The following challenges lie ahead:
Despite the various economic empowerment programs, women’s access to
institutional credit still remains marginal. Due to illiteracy and social hindrances,
women are not found exercising the available opportunity. Moreover, women’s
access to institutional credit has been consistently recorded lower than men,
irrespective of ecological region, urban/rural status, or ethnicity and caste.
Although the Village Development Program (VDP) under LGP/PDDP programs
has brought about significant changes in the female group member’s economic
90
and social life, aspects of women’s empowerment and efforts to change gender
ideology and gender roles are lagging behind. The mandatory requirement of
women’s participation in each step of planning and programming has been weakly
implemented. The focus has been on a few leading women rather on strengthening
the group dynamics. Moreover, inadequacy of resources is one of the major
challenges in the way to implement the programs mentioned above.
Article 15: Legal Rights
Basic Information/ Change Initiatives
188. To ensure legal rights based on the principle of ‘equality with men before the law’
focusing civil matters, contracts and to administer property, movement of persons and
the freedom to choose their residence and domicile, the Interim Constitution has
recognized a number of guarantees under the fundamental rights that fully give legal
effect in obtaining legal entitlements followed by the Constitutional remedies. Article
12, under the heading of ‘right to liberty’, starts with a very human right friendly
language stating ‘everyone has the right to life with dignity’. This has further been
complemented by ‘right to equality’ guaranteed under Article 13. The equality
framework under the Constitution respects the principles of equality and non-
discrimination that has a greater scope of interpretation for achieving substantive
equality required by the Convention. Moreover, Article 20 under the explicit heading of
‘rights of women’ provides a clear guideline in order to invoke both direct and indirect
discrimination. Article 20 that states: ‘No one shall be discriminated in any form merely
for being a woman”, is fully consistent with CEDAW. In the same line, the
discriminatory laws regarding property and other civil matters have been amended. As
91 CEDAW/C/NPL/4-5
reported in Article 1 and 2 above, a lot of amendments in the civil code and the specific
laws have been made in this regard.
189. In order to increase women’s access to land ownership in the current fiscal year, GoN
declared a 25% discount in the registration fee. Earlier the discount rate was 20%. In
addition to this, GoN announced a 10% rebate in income tax to women for the fiscal
year 2008/09. It will certainly promote women entrepreneurs to be involved in more
income generating activities thereby creating a more gender-balanced income pattern.
Challenges Ahead
190. Despite these legal and policy measures, women’s access to fixed property and credits
is still limited. Various economic social, cultural and political factors are responsible for
preventing women from enjoying their legal rights. Dalits and marginalized groups are
at the verge. Although Article 20 of the Interim Constitution ensures Women’s rights to
property, their rights over parental property and in-laws’ property are not substantially
achieved.
Article 16: Marriage and Family Relations
Basic Information
191. In Nepal early marriage has been regarded as one of the main factors for population
increase. Marriage pattern is an important factor to determine the fertility level. Data
from the 1996 NFHS, the 2001 and 2006 NDHS indicate that the proportion of
92
unmarried women between the ages 15-19 and 20-24 has increased by 21 percent. (See
details reported in Article 12 above).
192. According to the census of 2001, 277,478 (5.7%) of married men have been found to be
living with more than one spouse. The situation of women having the status as first wife
is inferior and vulnerable to domestic violence in comparison to the second wife.
Therefore, the practices of bigamy or polygamy are also hindering women from
exercising their rights. The NDHS data shows the decreasing trend of Polygamy. This
may be due to the increase in punishment and other factors, such as decreasing ratio of
child marriage, increasing ratio of literacy etc.
193. Divorce: Out of the total number of married women, 0.42 % are divorced or separated.
Out of the total divorced women, 8,122 (43.5%) women are found to have no child. The
CBS (2001) records that 3.357 women having daughters only are being divorce. This
domestic sphere of gender-based violence has already been established as one of the
compelling factors for divorce. Both court and out-of-court cases justify this trend.
194. Remarriage: The number of remarried women is lower than that of men in all age
groups. The data presented in the table shows more remarried men aged 50 and above,
whereas the age of women is seen within their reproductive age.
195. Number of children of married women: The number of children is related with age of
ever married women. Due to child marriage, women in higher age group will have more
number of children. Because of son-preferred society, women are compelled
(irrespective of consent of women, as there is an indirect influences imposed by society)
to try at least one living son. The fact is obvious that more number of children ever born
93 CEDAW/C/NPL/4-5
increases the burden to women in daily life causing difficulties in the improvement of
the status of women in society.
Reform Initiatives
196. The marriage laws of Nepal have been amended in line with the equal right of women
and men in all stages of marriage and family relations (pre, during and post marriage),
including equal standards of marriageable age, free and full consent, guardianship,
property etc. Following are some of the important changes to mention:
Article 20 of the Interim Constitution explicitly recognizes the ‘rights of women’,
including ‘the right to reproductive health and other reproductive matters”, rights
against violence against women and more specifically the right to property that are
directly or indirectly concerned to right to marriage and found a family.
According to the amended legal provision, the wife, irrespective of age or duration
of marriage, is entitled to get the property. The existing legal framework provides
the same entitlement to the divorced wife.
A widow is entitled to get her share of property irrespective of any age or duration
of marriage.
Both spouses having no child are equally entitled to adopt the child of either sex.
The law recognizes women’s right to abortion (generally of up to 12 week’s
pregnancy except in cases of pregnancy due to rape and incest) upon her voluntary
consent. However, the abortion on the basis of sex identification is prohibited with
penal provision.
94
Judicial decisions in announcing marital rape, right of single mother, and property
rights of divorced women (mentioned above), are some of the benchmarks to refer
as positive changes to recognize independent identity and personality of women.
SC further defines marriage including same sex marriage as observed in the case
of Sunil Babu Pant and Others v. The Government of Nepal decided on 21st
December, 2007 (2064-9-6). It was held that “the State and society should
recognize the rights of lesbian, gay and bi-sexual and should also respect their
human rights to marriage and co-habitation on the basis of sexual orientation”.
The SC has further ordered GoN to have a serious study on the matter. For this
GoN was ordered to form a Committee comprising 7 members including experts
from government, legal and sociological sectors.
197. The laws regarding marriage are being harmonized in line with the Article 16 of the
CEDAW and other relevant human rights standards. The SC in the case of Sapana
Pradhan Malla Vs. Council of Ministers, on 16th June 2004 (2063-03-02 BS), has also
issued directive orders to the GoN to harmonize all the legal provisions regarding
marriage and make necessary arrangements to implement the law effectively in order to
control incidences of child marriage. Accordingly new amended provision of the
Country Code on Chapter on Marriage made the marriageable age 20 years for both
boys and girls.
Challenges Ahead
198. Even though mothers’ identity has been recognized by the present Constitution, it is yet
to be implemented effectively.
95 CEDAW/C/NPL/4-5
199. Laws regarding marriage (such as Social Behavior Reform Acts and Registration of
Marriage Act) are not found adequately enforced. The laws like ‘Personal Event
Registration Act’ in matters of marriage, divorce, death, migration are yet to be
effectively implemented. As a result, there are number of disputes found regarding
verification of spousal relations and legitimacy of child. Fake marriage is one of the
effective techniques frequently used by traffickers.
200. Illiterate women are not enjoying the reproductive rights as compared to educated
women. Sex of household heads may also affect the fertility behavior and the
reproductive health of women, and also, in the marriage of teenage girls. The female
headed households are found to be more conscious than the male headed households in
terms of fertility behaviors, including reproductive health of women. The cases of
teenager girls’ marriage are also found far less in the female headed households
comparing to the male ones. The census records that about 10% of the total household
of the country has teenager as married women. Among those, about 90% households are
headed by male.
96
PART – III
Progress on the Implementation the Beijing Platform for Action
Women and Poverty
201. GoN is aware of the fact that measures to fight poverty will be ineffective when poor
women are perceived as inactive beneficiaries of social development. Therefore, in the
poverty alleviation program, policy measures have been initiated by various state
institutions and are being implemented through local-level women development
programs under the umbrella framework of MoWCSW and MoLD. Other ministries
(such as MoAC, MoFSC, MoHP, MoE etc.) prioritize the role of women as active
economic agents to increase women’s productivity in home-based, informal and
agricultural work while expanding their employment opportunities and also
strengthening their income generating capacity, as reported above under the headings of
socio-economic rights of women in general and of rural women in particular.
202. Nepal is committed to work towards attaining Millennium Development Goals (MDGs)
by 2015. The MDGs came up with quantitative targets for poverty alleviation, health
improvement, education, gender equality, environment, and general human
development. Poverty rate declined significantly between 1995-96 and 2003-04, from
42 percent to 31 percent, a decline of 3.7 percent per year. However, poverty is still
rampant among Dalits and Janajatis. 46 percent of the Dalits, 44 percent of the hill
Janajatis and 41 percent of the Muslim community have been found below the poverty
line. In comparison to the national average of 31 percent, these figures are considerably
high.
97 CEDAW/C/NPL/4-5
203. Poverty alleviation is an ongoing national policy. The Ninth Plan (1997-2002) wrought a
20-year vision to reduce the proportion of people living below poverty line to 10
percent by 2017. The decentralization process, though in its early stage, is being
institutionalized to ensure that women also enjoy the right to fully participate in the
development process besides having access to basic social services.
204. Women empowerment was recognized as the most effective instrument for poverty
alleviation and given top priority in the Tenth Plan (2002-06). Consequently, Women
Development Programs (WDP) were initiated in addition to VDCs, in all 75 districts.
Of late, these programs have been expanded to cover 2443 VDCs and 32 municipalities.
Considering the positive changes brought about by these programs on rural women,
international donor agencies such as UNICEF, UNFPA, ADB, etc. have been
contributing in an appreciable manner.
205. In the current fiscal year, about 3 billion rupees in Poverty Alleviation Fund (PAF) has
been allocated for intensive program based on the improvement in the of Human
Development Index for poverty alleviation which is to be implemented in 55 districts
with direct focus on backward community including deprived, women, Dalit, Janajati,
and Madhesi. Traditional skill promotion, income generation, community infrastructure
development such as roads, bridge and culverts, drinking water, irrigation and capacity
development programs such as education, health, and training will be implemented
under this program. According to the Interim Plan, special food program will be
initiated which will render services to poor women by the formation of groups.
98
206. With a view to reduce poverty, GoN is making untiring attempts to run ongoing micro-
credit programs which will be effectively managed and implemented. A national-level
micro-finance fund will be established by integrating and consolidating existing whole-
sale micro-credits providers. Institutions rendering micro finance will be encouraged to
implement programs in rural, high-hill and other poverty-afflicted areas. For this, Rs.
100 million will be made available in the Self-reliant Fund which is to be managed by
Nepal Rastra Bank, ultimately proving beneficial to women.
207. It is to be noted that WDP related to poverty alleviation, gender equality and social
inclusion are being implemented in 2,443 VDCs with the aim of gradual extension of
WDPs to all VDCs. In order to achieve the aforementioned objective, GoN has
allocated Rs. 345.4 million. Regarding poverty alleviation of women, the GoN has
made provision of group formation, self-help through saving and credit mobilization,
skill-development training, micro credit, and revolving fund management for women
entrepreneurship development. As a result WDP has successful to accumulate Rs. 485
million. This indicates as a symbol of substantial achievement.12
Education and Training of Women:
208. GoN has given top priority to education and training of women. Women's illiteracy is a
major challenge for socio-economic development. MoE has adopted policies to improve
girls' enrolment in schools. MoE is also taking a number of change initiatives for the
12 WDP/MWCSW annual report, 2063/64 B.S.,
99 CEDAW/C/NPL/4-5
promotion of right to education of women in general and those of marginalized groups
like Dalits, Janajatis, and Madheshis in particular.
209. To enhance quality education, DoE has carried out a number of training programs for
community-school teachers. Formal and informal training programs for teachers have
been organized to develop their skills. In the current fiscal year, budget has been
allocated to train 33,141 primary-level teachers and 12,250 secondary-level teachers.
210. The following table shows the current percentage of female and male teachers at all
levels, who received teacher’s training. This data is for the school year 2007/2008.
Compared to the past school years, the number of trained teachers at all levels has
increased significantly.
100
Table: 21
Level Female Teacher Male Teacher Total trained Teachers
Primary 65.7% 66.8% 66.4%
Lower Secondary 57.1% 51.3% 52.3%
Secondary 69.1% 70.2% 70.0%
211. The training effort is not only limited to formal trainings. GoN in collaboration and
partnership with NGOs, INGOs and UN line agencies, has also been organizing
informal training programs at the community level. The Local Development Training
Academy (LDTA) is an umbrella organization for the five regional training centers to
cater training needs for rural and local development. It is an autonomous institute
affiliated with the MoLD. The goal of LDTA is to enhance the managerial and
administrative capacities of local bodies, prioritizing women and disadvantaged groups
in the institutional development process of local bodies. It organizes both long-term and
short-term trainings. Its planning, supervision and gender mainstreaming division is
headed by a woman first-class officer.
212. The MoLD has played a very crucial role in promoting such training activities by
mobilizing Community Organizations (COs). A number of COs is providing trainings
in gender related issues. The following figures show the higher number of female
community organizations, female members, and ratio of trained female CO members,
and also in leadership positions.
101 CEDAW/C/NPL/4-5
Table: 22
Title Male Female Mixed Total
COs 6,727 (25%) 9,225 (34%) 11,269 (41%) 27,221
Member of COs 310,989 (46%) 364,338 (54%) - 67,5372
Total Women in Leadership Positions in the COs
Chairperson 13,107 24,398
Manager 11,291
Source: MoLD, 2008
Women and Health
213. Nepal has accepted the universal recognition of “Health: People’s Basic Right” and thus
established the responsibility of the State on people’s health for the first time, by
embracing this concept in the Interim Constitution, 2007.
214. The TYIP has developed a range of programs to ensure women’s basic and reproductive
health. The ‘gender responsive budget gives priority to women’s health in general and
reproductive health in particular’. The Maternal Mortality Rate has decreased to 2,810
per million and Child Mortality Rate to 61 per thousand. Similarly, Infant Mortality
Rate has also come down significantly. The present rate is 48 per thousand and newly
born Infant Mortality Rate is 34 per thousand (Nepal Demographic and Heath Survey
2006). The average life expectancy of the Nepalese people has reached 62 years and the
span of life for female is longer in comparison to that of male.
102
Violence against Women
215. GoN views ‘violence against women’ as a serious issue requiring consistent attention
and concrete measures. The previous report also drew attention on the situation of
violence against women in Nepal (including the issues adopted by General
Recommendation 19 and the DEVAW). Currently, GoN has undertaken a number of
steps to deal with this issue. Provisions in the Interim Constitution guarantee the
liability of state to take actions on violence against women. Chapters in the Country
Code relating to women have been amended accordingly. One of the most remarkable
amendments is to establish the marital rape as a crime. The present legal framework
protects the dignity and privacy of victims and allows for in-camera court hearings. The
court regulations have been amended accordingly. The Interim Plan has adopted
strategies for the elimination of all kinds of violence and gender discrimination against
women including human trafficking, for which various activities will be undertaken to
create a conduciveness environment. Complaint handling centers are being established
in each VDC to address domestic violence.
216. Nepal has espoused some laws and policies to follow the SC directive orders and
guidelines, e.g. the case of witchcraft, trafficking (with victim’s protection framework).
The Act on Domestic Violence has already been enacted and another legislation on
Sexual Harassment is in the process of drafting as mentioned above in Part II. GoN has
also adopted other apposite measures including institutional development to ensure
women’s rights against discrimination, exploitation and gender-based violence followed
by policy guidelines to eliminate de jure and de facto discriminations against women.
Recently, the MoWCSW, in partnership with UNIFEM, has drafted a ‘Zero Tolerance
Policy” containing a comprehensive strategic intervention for the adoption of legal and
103 CEDAW/C/NPL/4-5
other appropriate measures including strengthening national mechanisms. This policy
will render a uniform guideline in conceptualizing and addressing all forms of gender-
based violence and is expected to bring about a remarkable change. The law
enforcement agencies are moving forward to take action against perpetrators. Following
figures provide a glimpse of the current situation:
Table: 23
Cases Reported on Violence against Women
c ti
omes S.N. S.N. Year Rape Attempted to rape Trafficking Abortion Polygamy Child marriage D violence 1 2003/04 155 18 56 08 44 3 922
2 2004/05 174 26 72 11 66 1 730
3 2005/06 189 41 97 14 65 1 939
4 2006/07 137 70 112 03 94 7 1100
Total 655 155337 36 269 12 3691
Source: Women Cell (Police Head Quarter, Kathmandu, 2007)
104
Table: 24
Status of Prosecuted Rape Cases
Fiscal year Registered Finalized cases Remaining Convicted
(B.S.) cases Convicted Acquitted Total Cases percentage
2003/04 128 18 15 33 95 54.55
2004/05 147 19 41 60 87 31.67
2005/06 113 9 6 15 98 60.00
Source: Attorney General’s Annual Report, 2062/063, p.19
217. Apart from the cases filed under the general jurisdictions of the court as mentioned
above, some cases have also been lodged in the NHRC and NWC. The following table
gives a glimpse of the cases recorded at NWC for the fiscal year 2007/08:
Table: 25
S.No. Cases Number
1. Citizenship 2
2. Domestic Violence 45
3. Polygamy 7
4. Property 13
Miscellaneous (Rape, Trafficking, Forced Marriage, Sexual
5. Harassments, Coercion, Battery, Dismissal from employment, 38
sexual and economic exploitation in foreign employment, etc.)
Total 105
Source: NWC, 2008
105 CEDAW/C/NPL/4-5
Judicial Directive Orders
218. The Supreme Court of Nepal has issued a range of directive orders for the enactment
and amendment of the laws vis-à-vis the issues of violence against women in the wake
of guarantees under CEDAW and its General Recommendations. (See the details in the
case of Sharmila Parajuli reported above under the progress of article 11 of the
Convention.)
219. Similarly, in the case of Advocate Reshma Thapa v. Council of Minister, decided on
10th August, 2004 (2061-4-26 BS), the SC observed that witchcraft was a very serious
accusation upon women often leading to incidents of extreme torture and public
humiliation. Accusing women of witchcraft is an extremely illogical and superstitious
act that raises issues of injustice, exploitation and torture against women. The SC has
accordingly drawn the attention of GoN to put a ban on such offensive and inhuman
activities.
220. Recently, the SC has rendered a landmark decision (Sapana Malla Pradhan v. The
Government of Nepal et. al, 2006, writ no. 3561, decided on 25th December 2007
(2064/9/10 B.S.) for the maintenance of privacy of victims of cases with special nature.
The SC issued directive order for the formation of a committee comprising the
concerned Court, Bar Association, MoWCSW, and the organizations including FWLD
and civil society working in the area of women, children, HIV/AIDS infected people
and marginalized people for drafting laws on it. Since the law is not enacted, SC has
issued, for the first time, a separate and comprehensive procedural guideline (2007) for
the concerned agencies to maintain the privacy of the victim. Moreover, recently in
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2008, a “Procedural Guideline for the Protection of Crime Victim Women and Children
and Witnesses” has been developed by the Committee formed under the SC which
provides a range of guidelines to ensure access to justice to victims. The present legal
framework provides the provision for protecting the dignity and privacy of victims by
facilitating camera court provisions. The Courts’ (District, Appellate and Supreme
Court) regulations have been amended accordingly.
221. So as to eliminate Violence Against Women, the CEDAW National Plan of Action is
being implemented with a number of policy measures which have been adopted by the
TYIP, followed by the budget for the empowerment of women allocated for the FY
2008/2009. NWC, NHRC including NRT are the key state mechanisms. They are
committed to the protection and promotion of human rights of women by handling the
complaints of various issues regarding violation of rights of women with close
cooperation and coordination with NGOs working in this area.
Women and Armed Conflict:
222. Part IV of the Interim Constitution incorporates a range of provisions under State
responsibility to:
Make arrangements for appropriate relief, recognition and rehabilitation for the
family of the deceased persons, the disabled and helpless persons due to injury
during the course of armed conflict;
Provide relief to the families of the victims, on the basis of the report of the
Investigation Commission constituted to investigate the cases of disappearances
made during the course of the conflict;
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Conduct special programs to rehabilitate the displaced;
Provide relief for damaged private and public property, and to rebuild
infrastructures destroyed during the course of the conflict;
Constitute a high-level Truth and Reconciliation Commission to investigate the
facts regarding grave violation of human rights and crimes against humanity
committed during the course of conflict, and create an atmosphere of
reconciliation in the society; and
More importantly, the directive principles based on positive discrimination,
provides a special provision for women victims of conflict.
223. The TYIP is driven by long term objectives for social rehabilitation of conflict-affected
and displaced women and to ensure the active participation of women in conflict
resolution and the peace process. The plan sets following quantitative targets for relief
distribution to all the widows and single women affected by the conflict:
Protection and rehabilitation of women affected by the conflict;
A special program will be run to protect the rights of conflict victims and
internally displaced women, and to rehabilitate them.
Active and meaningful participation of women in conflict resolution and peace
building will be ensured.
Social rehabilitation of conflict-affected and displaced women will ensure the
active participation of women in conflict resolution and in the peace process.
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National Action Plan on social rehabilitation of conflict-affected women will be
prepared and a process of facilitating a secure and courteous return of dislocated
women will be set up in motion.
Services and facilities such as free education and skill training, free basic health
services, psycho-social counseling, easy access to financial investment and legal
help will be extended to conflict affected women.
Cases of sexual exploitation and any kind of violence and infringement on the
rights of women during conflict will be investigated and brought to justice.
To make the implementation of the comprehensive peace accord women-friendly,
an advocacy program will be launched and measures will be taken to ensure 33
percent national level and 50 percent local level representation of women in the
peace councils and peace committees respectively. In this regard, the GoN has
adopted women empowerment program with different components, mainly
capacity building programs.
224. As a consequence of conflict, access to health facilities in remote rural areas has been
adversely affected. Women with reproductive health problems, including difficulty in
pregnancy, complication in abortion suffer extensively due to disrupted transportation
services. Problems related to pregnancy, delivery and bleeding (symptoms of
miscarriage of pregnancy) require emergency attention. Several unsafe deliveries and
maternal death due to lack of timely treatment were reported during strikes and
blockades imposed during the conflict. The following table exhibits a glimpse of access
of those who received post natal care and those adopting family planning measures
during conflict.
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Table: 26
Indicators of access during armed conflict 2001 2003/04
Children not immunized (partially or fully) 3.4 7.4
Pregnant women receiving prenatal care (rural) 46.6 53.9
Women receiving post-natal care (rural) 17.3 11.0
Couples using family planning 38.9 38.3
Source: Nepal demographic and Health Survey, NLSS 2003/04
Women and Economy
225. Economic activities for women still tend to have low added value and often go
unaccounted. The male members exercise control over women’s activities and income.
For instance, women are socially permitted to involve themselves in raising buffaloes,
but commercialization of their milk is the exclusive preserve of men.
226. For the first time, the upcoming census is taking the work done by women into account
so as to acknowledge their works and exhibit their economic value. The micro-credit
projects for women now extend to all 75 districts, though the coverage of VDCs within
districts is a bit limited. Credit is provided on a group liability basis and complemented
by skill training, exchange visits and literacy programs. Micro-credit programs have
reported successes and continued efforts are needed to make them sustainable.
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Women in Power and Decision-making
227. As mentioned above, women are gradually being mainstreamed in the state restructuring
process, national and local level politics, administration and various other aspects of
national life. There are now a significant number of women representatives in the
Constituent Assembly as well. This is a very remarkable development both in terms of
recognition of their capabilities and further empowerment of women.
228. Apart from the national policy-level representation, the LSGA has introduced women’s
mandatory representation in councils, executives committees (board) and ward
committees of DDCs, VDCs and municipalities. Section 70(2)(1) of the Local Self
Governance Financial Administration Regulations provides for the compulsory
representation of 30 percent women members in users’ committees. These are some of
the most significant measures taken to ensure effective female political participation
and representation.
229. The CEDAW/NPA is being implemented with a number of policy measures adopted by
the TYIP, followed by the budget allocated for the FY 2008/2009 with a motive of
empowerment of women by ensuring 33% women participation in the decision making
process. According to NPA "at least 33 percent women's representation in the state
machinery will be ensured through legal, policy and institutional reforms. Composition
of women representation will be proportionate in its structure and embraces diversities
of women in the society. Specially designed courses will be conducted at the national,
regional and district levels to promote the capacity of women in general and those of
the marginalized communities in particular, to contest in the appointment and
promotion of public office posts. Industrial enterprises with women as chief executive
111 CEDAW/C/NPL/4-5
officers and 50 percent women in their managing board as members will be given
special incentives."
Institutional Mechanism and Advancement of Women:
230. With regard to strengthening institutional mechanisms, as mentioned in the previous
reports, the role of MoWCSW remains pivotal. The NPA on CEDAW is being
implemented by the National Committee on CEDAW (NCC) with various programs
including trainings, awareness generation, publications and disseminations under the
MoWCSW. The strategic document on gender and social inclusion, developed by
MoWCSW in 2006, has proved to be one of the most effective tools in gender
mainstreaming and equality promotion at the state institutional level. The majority of
the female staffs of different ministries have received trainings on ‘Gender,
Reproductive Health and Social Inclusion’. The training provided by MoWCSW in
collaboration with UNFPA is one of the indicators of building institutional capacity.
WDOs have been established in all 75 districts of Nepal. A total number of 943 staffs
are deputed under WDO. According to DWD, total 53,136 women’s groups have been
formed. The following figure is one of the result indicators of institutional development
of women in general and with women with different social identities in particular:
Table: 27
Involvement of Women in Women Development Group
Women Number Percentage
Dalit Women 44,666 13.1%
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Janajati (Ethnic) Women 1,15,074 33.53%
Others 1,83,509 53.46%
Total 3,43,249 100%
Source: Annual Report of Women Development Department (WDD/MWCSW),
2063/64 B.S, pg. 49.)
231. LSGA, as mentioned above, provides enormous scope for the advancement and
empowerment of women and other social groups. In order to meet the objectives of
LSGA, MoLD has adopted guidelines which not only spell out the procedures but also
provide for inclusive participation of beneficiaries, including women, in the decision
making committees. Following are some of the areas for which the guidelines has been
developed:
Village Development Committee Grant Program (VDCGP) Operational
Guidelines, 2006
Community Based Organization (CBO)’s Commitment, 2007
Social Security Program Operational Guidelines, 2008
Local Bodies Gender Budget Audit Guidelines, 2008
232. The VDCGP Operational Guidelines, 2006 makes a provision [7.2 (b)] regarding the
formation of Users' Committee which demands a minimum of 33% women
representation. The ‘Local Bodies Gender Budget Audit Guideline’ (approved by
MoWCSW on 2 May 2008) is a more comprehensive implementation guideline that
embodies the objective of institutionalizing gender responsive good governance system
through monitoring, evaluation and gender budget audit system. The guidelines clearly
stipulates the scope of work of gender budget audit to collect and update the
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disaggregated data, gender responsive capacity building, facilitation and many other
provisions regarding establishment of gender focal persons for coordination,
documentation and reporting etc, followed by its annexes for working modules
regarding gender mainstreaming in local bodies’. Section 3 of the Guidelines explicitly
provides the modus operandi for the implementation of 12 critical areas adopted by
BPFA.
233. NWC is another independent state institution established for the advancement and
empowerment of women. It was previously established merely by the decision of
Government, but at present, it is an autonomous and corporate body, with the enactment
of National Women Commission Act, 2007. The need for the establishment of NWC
was felt for the protection and promotion of the rights and interests of women.
Consistent with the relevant international convention, the Act provides mandates to
review, monitor and evaluate the policy and program in the area. Moreover, NWC has a
role in making essential investigations including by seeking information from any
person, extracting of testimony or statement, order for the submission of necessary deed
or document or evidence and initiation for the legal or other action to the related
authority with follow-up activities. NWC submits its report annually to the Minister for
Women, Children and Social Welfare. NWC has been allocated an amount of Rs. 31.4
million in order to strengthen its institutional capacity for conducting programs related
to women’s rights and empowerment in general and marginalized women in particular,
rescue of victims of violence against women and legal counseling, public hearing,
establishment of information center and other sensitization programs. In the policies
and programs of the Government spelt out before the Legislature-parliament for the
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fiscal year 2008/9, GoN has committed itself to take the necessary initiatives to develop
NWC as a constitutional body so as to make its role more effective in women
empowerment.
234. The NHRC also provides an institutional mechanism in the area of protection and
promotion of human rights of women in Nepal. The role of ONRT, reported under
Article 6 above, is noteworthy.
235. In order to provide complaint mechanism for different issues, as mentioned in the
previous report, separate women cells have been established at the police headquarters
and in some districts. Now, there are 42 such cells which are in the process of
expansion throughout Nepal.
236. Apart from the aforementioned institutional mechanisms, gender mainstreaming
programs are also being carried out by other ministries and agencies of the government,
as documented in the “National Plan of Action on CEDAW, 2003” reported in the
previous and initial periodic reports .
Women and Human Rights
237. Constitutional protection of human rights, establishment of a National Rapporteur
against Trafficking under the NHRC, and reinforcement of NWC with legal provisions
are some of the most notable achievements made in this field so far. Human rights
institutions are actively working to monitor the status of women’s rights and are also
working as pressure groups to amend discriminatory laws. Human rights and legal
literacy programs for both men and women have been extensively lunched. A CEDAW
115 CEDAW/C/NPL/4-5
monitoring committee has been formed at the Government level by establishing ‘gender
focal person’ at various ministries.
238. With the aim of respecting the human rights of women, during the reporting period,
GoN has adopted a number of legal and policy measures to discharge state
responsibilities to implement substantive rights under CEDAW. All gender
discriminatory laws have been either amended or repealed or are in the process of doing
so. Moreover, the SC stands as a very progressive national judicial institution for
developing a landmark gender equality jurisprudence treating the rights of women with
the utmost respect.
239. GoN remains more committed to respect, protect and promote the rights of women as
human rights by adopting a number of policies, programs and implementation
mechanisms in collaboration with NGOs and the civil society. More importantly, GoN,
in order to promote human rights of women, has laid special targets on health,
education, employment and other issues relating to ‘empowerment and advancement of
women’. For achieving these targets, GoN has also espoused a ‘Gender Responsive
Budget’ as reported in Part I of this report.
Women in Media
240. There has been remarkable progress in women’s participation in the media, particularly
in the electronic media, after the political change of 1990. The landmark changes can be
witnessed after the reopening of the media to the private sector. Women media workers
constituted 12.3 percent in 1991 and 12.9 percent in 1992. At that time the sole
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electronic media were the state-run Radio Nepal and Nepal TV. With the proliferation of FM radios and private TV channels, women’s participation as media workers has increased significantly, as reflected in the table below.
Table: 28
Women Involvement in Media
Media/Year 2002
Print 9.1
Public 4.2
Private 11.2
Radio 29.1
Public 16.5
Private 37.9
TV 30.8
Public 31.8
Private 68.2
Total 19.4
Public 4.2
Private 8.6
Source: Asmita Publishing House, 2003
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241. Women are also increasingly being involved in the Television media. The following
statistics shows the situation of women working in the different television channels:
Table: 29
Television channel Female (number) Percentage (%)
Nepal Television 57 33.0
Kantipur 34 20.0
Sagarmatha 20 12.0
Nepal 1 10 5.0
Image channel 20 12.0
Avenues 15 9.0
Channel Nepal 15 9.0
Total 171 100.0%
Source: Concerned Televisions, 2065
242. The Nepal Press Council adopted a "Code of Journalistic Ethics" in 2003. It was
amended and revised in 2008. The gender-related provision of the Code at Section 3
(10) stipulates: "Journalists and media shall bear a special social responsibility to render
special assistance, through the dissemination of information and opinions, towards the
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upliftment and development of the disabled, the helpless, the incapacitated, women,
children and people from backward classes or sectors, nationalities and minority
communities." Similarly, Section 4 (5) provides an explicit clause ‘Non discrimination’
under which, the media and media persons are prohibited to bring any news or opinion
in such a manner as to discriminate on grounds of race, gender, religion, region,
language, color and the like". Likewise, Section 4 (6) makes prohibition to publish,
broadcast or produce, distribute any news or opinion with the use of language, sound,
picture, figure, scene or the like in such a way as to make the survivors re-victimize.
Similarly, Section 4 (7) further respecting the confidentiality of the victim, states ‘not to
publish, broadcast or produce, disseminate any news, picture or scene in such a manner
as to disclose the name, address and identity of a victim in a sexual crime or in an event
or context that invokes hate or brings social contempt, without the consciously given
consent of the victim’. Following are some of the noteworthy changes brought about:
Media coverage of women’s issues in general has increased.
Research and studies regarding women’s issues are being undertaken by the
media.
The media are gradually becoming more sensitive to and responsible for their
public portrayal of women
The Press Council has welcomed female members in decision making positions in
recognition of their expertise
Women focused programs have been explicitly conducted on national television,
over the radio and in newspapers.
243. The judicial decisions in Nepal can also be regarded as benchmark on the issue of
women in the media. In the case of Prakashmani Sharma vs. The Government of Nepal
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decided on 29th August, 2008.( 2065-5-13 B.S), the SC has issued a writ of Mandamus
in the name of Government for the formation of ‘Advertisement Censor Board’ under
the Ministry of Information and Communication (MoIC) in order to prohibit
pornographic and undignified advertisements that project women as commodities and
promote defective gender discriminatory cultural practices. The SC also ordered the
MoIC for the development of ‘guidelines’ and establishment of a Committee to monitor
and follow-up on the issues.
Women and Environment:
244. Women have a big role to play in the area of environmental conservation. Realizing this,
GoN has, since the Eighth Plan, initiated some programs in women and the environment
sector. The TYIP has come up with some more programs with a view to support
services for alternative energy management, by producing briquettes and other materials
from locally available forests products. Accordingly, while preserving forest and
protecting the environment, employment opportunities are being created for the poor
women by enhancing their skills through trainings on technology and equipment.
245. MoEST (previously the Ministry of Population and Environment) has now adopted a
strategy to involve women in decision making process related to environment. Also the
conservation programs include skill development, income generation, as well as health
and sanitation training programs for women. The mother groups are highly involved in
conservation and development program. For example, there were 312 mother groups in
Annapurna Conservation Area Project (ACAP) till 2002. The mothers’ groups are still
active in collecting funds mainly through cultural programs during feasts and festivals.
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Such funds are used in community development programs like repairing and building
trails, water taps, drainage construction and other small scale conservation programs.
The mother groups are mainly active in stone paving, drinking water supply schemes
and toilet construction, water management and health education.
246. As rural women still have to walk miles every day just to fetch a bucket of water, this
year’s budget promises with the program "Drinking Water: Taps in the Villages". The
rural drinking water program is being implemented under the MoLD. For this Rs. 3
billion has been allocated for FY 2008/09.
247. Participation of women in community forest management and information sharing
mechanisms is an important aspect of women preserving environment. There are 12,000
community forest users’ groups managing the forest areas. At the end of the Tenth Plan,
14,500 users groups have been formed to manage nearly 1.24 million hectares (25%) of
land. In addition to the community forest, more than 950 leasehold forestry users'
committees have been formed to manage 3,700 hectares of forest land, in order to
provide opportunities for those below the poverty line. This has resulted in
improvements in the quality of the forest and the protection of forests, environment and
bio-diversity leading to increased supply of forest products and sustainable management
along with community development works for the population dependent on forests.
Gender balance, empowerment of the communities and institutional development works
are increasing due to community forest users’ groups. The MoFSC has adopted ‘Gender
and Social Inclusion Strategy for Forest Area’ in 2008, mainly focusing women’s
empowerment and their involvement in the decision making process which incorporates
the following aspects:
121 CEDAW/C/NPL/4-5
Maintaining transparency in the statistics and gender inclusionary process;
Conducting programs which shall help in lessening the work load and prevalent
burdens of women;
Implementing monitoring and evaluation system based on indicators in all levels;
Calculating the progress of information collection, evaluation of gender, poverty
and social equity of all levels through indicators;
Recording and registering all information and statistics in all programs regarding
forest areas by enlisting under gender and social divisions separately.
248. The DWD in coordination with MoFSC, has been conducting Bio-diversity Sector
Program for Terai Region with the financial support from the Government of the
Netherlands since 2003. The program includes various activities relating to gender-
friendly capacity building mainly focusing ‘sustainable subsistence program’ for
cooking, farming etc. The program is focused on poor Dalits and other marginalized
peoples.
Girl Child:
249. GoN ratified both Optional Protocols to the Convention on the Rights of the Child
(CRC) on the Sale of Children, Child Prostitution and Child Pornography and
Involvement of Children in Armed Conflict on 3rd January 2007 (that were signed on 08
September 2000) without reservation.
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250. The GoN has formulated a 10 year National Plan of Action (NPA) for protection of
children (2004/05-2014/15). NPA has categorized policies under four broad sub-
headings: (i) General, (ii) Health, (iii) Protecting children against abuse, exploitation
and violence, and (iv) Combating HIV/AIDS. In order to implement its policies, NPA
has outlined seven strategies which include: (i) Formulation and necessary amendment
of law; (ii) Developing network and promoting child participation; (iii) Coordination,
collaboration and integration of development; (iv) Decentralization and community
mobilization; (v) Reach to the unreached; (vi) Transparency and capacity development
of concerned stakeholders and human resources. Among the NPA's four broad policies,
'protecting against abuse, exploitation and violence' is directly relevant to combating
trafficking in children.
251. As an endeavor to uplift the status of the girl child, GoN has adopted an inclusive
approach in the child rights and development programs. For example, GoN has
launched targeted program for increasing the number of girl children in education
(providing scholarship for girls, free text-books and other subsidies) and training as
well, and also providing female adults with job opportunities. The details can be seen in
the progress report of ‘education’ mentioned above in Part II under Article 10 of this
report.
252. GoN, in collaboration with development partners, has implemented targeted programs
for girls in Terai districts where their (particularly of Dalit, Madhesi and marginalized
communities) school enrolment rate is comparatively low. While contributing to change
traditional thinking and mindset, such efforts have been instrumental in redefining the
roles of the girl children of the Dalits and other indigenous communities.
123 CEDAW/C/NPL/4-5
253. The MoWCSW, through DWD, is implementing programs to empower adolescent girls
and remains an indefatigable advocate of their right to health as well as eliminating all
discriminations against the girl child throughout the country. Furthermore, a number of
programs have been implemented with special focus on the empowerment of women
and the girl child across the country and to bring them in the mainstream of the society.
Likewise, child clubs, through various activities, are active in raising awareness in the
community and in advocating against the existing social prejudices and discriminatory
practices against children.
254. Apart from the enactment of laws, there are a number of cases where the courts have
rendered some proactive judgments to protect and promote the rights of the girl child.
The Kamlari practice (bonded labor girl child as defined by the Bonded Labour
Prohibition Act), prevalent in the western part of the country, was challenged by the
students of Kathmandu School of Law (KSL et.al v. Council of Ministers, 2004). The SC
has issued mandamus for the implementation of laws including directive orders to the
GoN to adopt legal and other appropriate measures including raising awareness
regarding the rights of the child in general and of the girl child in particular, by
incorporating them in the school curricula. Accordingly, GoN has included matters on
child rights including child health in the school level curriculum.
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PART – IV
Emerging Issues
GoN considers the following as the emerging issues:
Single Women
255. Article 35 (9) of the Interim Constitution states “special provisions of social security for
the protection and welfare of single women…" All discriminatory laws have been
amended as an initiative to respect the rights of widowed women as reported above
under Articles 1, 2 and 16 of the Convention. For its effective implementation, GoN has
formulated an explicit plan and gender-responsive budget under the heading of
‘widowed women’. As a part of the national social security system, the said allowance
is being distributed. There are some NGOs working in the area of widow’s human
rights such as Widow’s Human Rights (WHR). It is important to note that 51 widows
have been elected as CA members at the election held last year (April 2008).
256. In an effort to build consensus in the definition of a ‘single woman’, Nepal had brought
the issue in the 15th SAARC Summit encompassing three types of women as being
single: (i) widowed women, (ii) legally or informally divorced women, and (iii)
unmarried women. Considering Nepal’s initiative, the Summit made a declaration to
work in the areas specifically on the issue of discrimination against widows.
Furthermore, the SAARC Committee on Women, Youth and Children accepted the
proposal put forwarded by the GoN. As a result, GoN has formed a committee
comprising government agencies and the representative from WHR to draft the Charter.
The draft is under preparation and is slated to be released very soon.
125 CEDAW/C/NPL/4-5
Elderly and Disabled Women: -
257. Articles 13 (3) and 35(14) of the Interim Constitution clearly makes provisions of
positive discrimination for the aging people, persons with disability and those who are
physically or mentally handicapped. Further, Article 18 (2) furnishes fundamental
guarantee stating “Women, laborers, the aged, disabled as well as incapacitated and
helpless citizens shall have the right to social security…” (Emphasis added), followed
by state policies under Article 35(9). Article 33 (p) additionally, makes provision for
the relief and rehabilitation of conflict-ridden disabled persons. More importantly,
Article 154 of the Interim Constitution renders scope for the formation of a Commission
for the persons with disability. The Chapter on ‘Rape’ in the Country Code carries the
provision of additional punishment to the rapist of a woman with disability.
258. A Disability Service National Coordination Committee has been set up with the
adoption of the National Policy and Action Plan, 2007. Trainings like special education
classes and disabled rehabilitation skills orientation programs are being run. Monthly
social security allowance has been provided (as mentioned above). According to a quota
system, scholarship for students with disabilities is being provided. Efforts are
underway to make the government buildings and physical infrastructure disabled-
friendly. More such reforms and improvements are underway.
259. Apart from the legal provisions, National Plan and Policies, the SC has also taken up the
issues related to the protection of rights and welfare of the disabled persons. In the case
of Prakashmani Sharma and Tek Tamrakar vs. MoWCSW and the Council of Ministers
decided on 8th May 2007 (2064/1/25), the SC has issued the mandamus for the
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adequate implementation of ‘Disabled Protection and Welfare Act’ and the
Constitutional provisions. The SC specifically ordered the GoN to form a committee
and submit its bi-annual progress report on different physically-challenged groups.
MoWCSW has been conducting trainings and other various programs through
Government and NGOs specifically working in the area for five years in 54 districts of
Nepal. Similarly, GoN is providing grants to old age homes and daytime services. A
High Level Senior Citizen Coordination Committee has been formed, committed to the
service of the old citizens. Old people left out and the helpless are being placed in old
age homes. Elderly women have been given priority in rehabilitation. Model old age
homes are to be established in all the five development regions. A Senior Citizen
Welfare Fund has been established accordingly. (Source: Interim Plan 2007-09)
260. As women with disability and old age are more susceptible to sufferings, the
Government has considered this as a cross-connecting issue for their advancement,
empowerment and welfare. MoWCSW, in collaboration with ‘Nepal Disabled Women
Organization’, is providing housing and shelter facilitates along with women/girls
hostel for the homeless women with different kinds of disability. The WDOs, who will
be involved in providing orientation and skill development training to VDC level
officers, are also being trained on the issues of ‘disability’.
Migrant Women Workers:
261. The Government has taken initiatives for the protection of migrant workers in general
and of women workers in particular. The Foreign Employment Act provides a range of
comprehensive preventive and protective measures as reported earlier under the
progress of Article 11 of the CEDAW. The SC, very recently, in the case of Advocate
127 CEDAW/C/NPL/4-5
Prakash Mani Sharma et. al. v. The Government of Nepal, has issued the writ on 16th
December, 2008 (2065/9/1 B.S.) of mandamus in the name of GoN for the effective
implementation of the provisions of the Foreign Employment Act and regulation of the
foreign employment mainly on the issues of training prior to leaving for foreign
employment, access to loan facilities for women who are in the process of foreign
employment, establishment of Information Center about the country providing such
employment and provision for labor monitoring focal person. The SC also issued order
to the diplomatic and consular offices stationed at respective countries to cater the needs
of Nepali migrant workers, and the investment opportunities and social security to the
returnees.
262. The present legal framework provides equal opportunity to both men and women in
foreign employment. However, taking the likely threats of trafficking and various forms
of sexual abuse and economic exploitation of women working in foreign countries into
consideration, this has emerged as a matter of serious concern to GoN. Therefore, GoN
is in the process of adopting effective measures in keeping with the spirit of
international human rights norms.
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Detainee and Prisoner Women:
263. Protection and promotion of the rights of detainee and prisoner women is another
emerging issue that GoN is seriously concerned about. Accordingly, programs are
mainly focused on the following three areas:
Mental and Psychic issues
Reproductive health issues
Dependent children’s (below 5 years) accommodation with their mothers
264. MoWCSW is taking initiatives in these areas and has made the following allocations:
Rs 5,000 per woman for treatment of mentally/psychologically retarded, and Rs. 5,000
per woman for the prenatal, during, and post natal care in cases of pregnancy and
delivery. Dependent children are also provided about Rs 500 per head for subsistence.
MoWCSW has carried out a study on the ‘Status of Prisoner-Women’ in collaboration
with NGO and published its report in 2008. The study mainly focused on (i) physical
environment, (ii) health status, (iii) the level of violence and status of victims
perpetrated and condoned by prison authority and inmate, and (iv) level of gender-
sensitivity awareness amidst the prison authorities. The study has made
recommendation to MoHA for setting minimum standards on security matters.
Accordingly, establishment of ‘Model prisons’ in 5 regions following such minimum
standards is to be initiated.
265. The SC, in the case of Advocate Rama Panta Kharel et.al. v. The Government of Nepal
decided on 5th June 2008 (2065/2/23 B.S.), has issued directive order for the necessary
health management for the pregnant women in prison. Following the court order, GoN
129 CEDAW/C/NPL/4-5
has started to conduct programs for the reproductive health check up and other
necessary treatment to detainees and prisoner women from the year 2009.
Exploitation of Girls Working in Dance Cabin Restaurants:
266. MoWCSW had conducted a study on ‘Cabins, Dance Restaurants and Massage Parlors’
highlighting the problems and recommending solutions of women workers. The Study
was released on the occasion of ‘Second National Day against Human Trafficking’ in
2008. The study reveals cases of sexual abuse and exploitation of girls working in
dance/cabin restaurants. The issue was also contended by filing a writ petition
Prakashmani et. al v. MoWCSW and others, decided on 26th November 2008 (2065-8-
11 B.S.) where the SC has issued mandamus for the enactment of legislation to protect
the right to employment of women working in such places. The SC focusing on the
‘dignified treatment and security measures’ for women workers, has also issued
comprehensive ‘guidelines’ containing a number of provisions regarding the
registration and management of restaurants, massage parlors, maintaining individual
record profile of women workers including detailed terms of reference, remuneration,
physical infrastructures and range of provisions for the prohibition of sexual abuse,
harassment and exploitation. Realizing that sexual harassment at the workplace is an
emerging issue of serious concern, MoWCSW has recently set up a task force
comprising representatives from various related line ministries. The law making process
for controlling sexual harassment in the workplace is in progress.
267. With the political change Nepal is fully engaged in making a new constitution through a
democratically elected Constituent Assembly. One of the major tasks ahead is the
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restructuring of the state so as to make it an inclusive, just and democratic State. At the same time, the issue of institutionalizing the rights of women and the girl child is of great interest and concern to everyone in the country. The Constituent Assembly has also formed a specific committee on women, children and social welfare, which will focus on the issues of the rights of women, children and other socially and economically disadvantaged groups. It will undertake and encourage extensive consultations with all stakeholders and the civil society so as to ensure adequate guarantee of women’s rights in the new Constitution of the Federal Democratic Republic of Nepal.
131 CEDAW/C/NPL/4-5
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